MATTER OF WESTCHESTER FIRE INS. v. BERGENN

Ordered that the order is affirmed, with costs.

In the context of this timely commenced proceeding to stay arbitration of an uninsured motorist claim, the insurer raised an issue of fact as to whether there was actual contact with a hit-and-run vehicle. Thus, the Supreme Court properly stayed the arbitration pending a trial on that issue (see, Matter of Royal Globe Ins. Co. v. Smith, 79 A.D.2d 710; Matter of Midwest Mut. Ins. Co. [Roberson], 64 A.D.2d 985; Matter of Country-Wide Ins. Co. [Ihne], 61 A.D.2d 743). Brown, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.