In re the Arbitration between Allcity Insurance & Di Lorenzo

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allcity Insurance & Di Lorenzo

33 A.D.2d 665, 305 N.Y.S.2d 36, 1969 N.Y. App. Div. LEXIS 2898

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1969

StatusPublished

Cited by2 cases

This text of 33 A.D.2d 665 (In re the Arbitration between Allcity Insurance & Di Lorenzo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Arbitration between Allcity Insurance & Di Lorenzo, 33 A.D.2d 665, 305 N.Y.S.2d 36, 1969 N.Y. App. Div. LEXIS 2898 (N.Y. Ct. App. 1969).

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Opinion

Orders, entered' January 24, 1969 and February 25, 1969, unanimously affirmed, with $30 costs and disbursements to the respondents. Although CPLR 7503 (subd. [c]) may be applied to preclude the petitioner’s application to stay arbitration (Matter of Allstate Ins. Co. [Ness], 32 A D 2d 912), the majority also conclude that the motorized bicycle was an automobile and a motor vehicle embraced within the terms of the uninsured motorist’s indefimification indorsement. (See Matter of Askey [General Acc. Fire & Life Assur. Corp.], 30 A D 2d 632, affd. 24 N Y 2d 937.) Concur — Eager, J. P., Capozzoli, Nunez and Maeken, JJ.; Tilzer, J. votes to affirm on constraint of Matter of Allstate Ins. Co. v. Ness (32 A D 2d 912), and Cosmopolitan Mut. Life Ins. Co. v. Moliere (31 A D 8d 924).

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Orders, entered' January 24, 1969 and February 25, 1969, unanimously affirmed, with $30 costs and disbursements to the respondents. Although CPLR 7503 (subd. [c]) may be applied to preclude the petitioner’s application to stay arbitration (Matter of Allstate Ins. Co. [Ness], 32 A D 2d 912), the majority also conclude that the motorized bicycle was an automobile and a motor vehicle embraced within the terms of the uninsured motorist’s indefimification indorsement. (See Matter of Askey [General Acc. Fire & Life Assur. Corp.], 30 A D 2d 632, affd. 24 N Y 2d 937.) Concur — Eager, J. P., Capozzoli, Nunez and Maeken, JJ.; Tilzer, J. votes to affirm on constraint of Matter of Allstate Ins. Co. v. Ness (32 A D 2d 912), and Cosmopolitan Mut. Life Ins. Co. v. Moliere (31 A D 8d 924).

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Bluebook (online)

33 A.D.2d 665, 305 N.Y.S.2d 36, 1969 N.Y. App. Div. LEXIS 2898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-allcity-insurance-di-lorenzo-nyappdiv-1969.

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