In re the Arbitration between Allstate Insurance & Morales

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allstate Insurance & Morales

42 A.D.2d 951, 348 N.Y.S.2d 148, 1973 N.Y. App. Div. LEXIS 8304

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1973·Published·Cited by 6 cases

Opinion

Order, Supreme Court, Bronx County, entered October 4, 1972, denying application to stay arbitration, unanimously reversed, on the law, without costs and without disbursements, and stay is granted pending determination at a preliminary trial of the issue of “ contact ” with the alleged “ hit and run ” automobile. In view of our overburdened calendars, we do this reluctantly, but the respondent’s failure to mention “ contact ” with another vehicle in the police report of the accident and the motor vehicle report raises a question as to his credibility, and also raises a factual issue as to whether there actually was “ contact ” with a “ hit and run ” vehicle, requiring a trial. Concur — Stevens, P. J., McGivern, Markewich, Kupferman and Murphy, JJ.

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Order, Supreme Court, Bronx County, entered October 4, 1972, denying application to stay arbitration, unanimously reversed, on the law, without costs and without disbursements, and stay is granted pending determination at a preliminary trial of the issue of “ contact ” with the alleged “ hit and run ” automobile. In view of our overburdened calendars, we do this reluctantly, but the respondent’s failure to mention “ contact ” with another vehicle in the police report of the accident and the motor vehicle report raises a question as to his credibility, and also raises a factual issue as to whether there actually was “ contact ” with a “ hit and run ” vehicle, requiring a trial. Concur — Stevens, P. J., McGivern, Markewich, Kupferman and Murphy, JJ.

In re the Arbitration between Allstate Insurance & Morales, 42 A.D.2d 951, 348 N.Y.S.2d 148, 1973 N.Y. App. Div. LEXIS 8304 (N.Y. Ct. App. 1973).

Pincite

42 A.D.2d 951 (In re the Arbitration between Allstate Insurance & Morales) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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