
    In the Matter of the Arbitration between Sidney Davis, Appellant, and Motor Vehicle Accident Indemnification Corporation, Respondent.
   Order of the Supreme Court, Kings County, dated April 11, 1967, which granted respondent’s application to stay arbitration, modified by adding to the decretal paragraph a provision that the stay is operative “ until the preliminary question of the validity of the disclaimer by the insurer in question is determined after trial in this proceeding, at which time the issue of a permanent stay may be determined.” As so modified, order affirmed, without costs. The preliminary and disputed question of the validity of the disclaimer by the tort-feasors’ insurer must be tried in this Supreme Court proceeding before the parties may proceed to arbitration. The question of whether respondent is entitled to a permanent stay of arbitration as against appellant should not be determined at this time. Christ, Acting P. J., Hopkins, Benjamin, Munder and Martuseello, JJ., concur.  