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NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, v. JOSEPH A. FIGLIOMENI, Appellant.

Judgment unanimously affirmed without costs. Memorandum: Special Term properly granted petitioner's application to stay arbitration. Other issues raised by the parties may not be resolved in the context of a CPLR article 75 proceeding to stay arbitration (see, Matter of Kansas City Fire Mar. Ins. Co. [Barnes], 115 A.D.2d 311). They must be resolved in an appropriate action. We note that the resolution of the issues raised may involve our decision in Manfredo v Centennial Ins. Co. ( 124 A.D.2d 979). In the interest of judicial economy and clarity, we note that, to the extent any language in Manfredo may be interpreted as being contrary to Insurance Law § 3420 (f) (2), it should not be followed. In Manfredo, the underinsured motorists coverage was inapplicable because the limits of bodily injury liability of the policy held by the tort-feasor were not less than the limits of bodily injury liability held by the insured claimant.

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NATIONWIDE MUTUAL INS. CO. v. FIGLIOMENI
(Feb 3, 1989)