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

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1969·Published·Cited by 2 cases

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).

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

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