In re the Arbitration between Bauman & Insurance of North America

Appellate Division of the Supreme Court of New York

In re the Arbitration between Bauman & Insurance of North America

31 A.D.2d 526, 294 N.Y.S.2d 972, 1968 N.Y. App. Div. LEXIS 2887

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

DecidedNovember 19, 1968

StatusPublished

This text of 31 A.D.2d 526 (In re the Arbitration between Bauman & Insurance of North America) 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.

Bluebook

In re the Arbitration between Bauman & Insurance of North America, 31 A.D.2d 526, 294 N.Y.S.2d 972, 1968 N.Y. App. Div. LEXIS 2887 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order, entered April 16, 1968, denying appellant’s motion to stay arbitration, unanimously reversed on the law, with $30 costs and disbursements to appellant, and the motion granted. A preliminary trial is directed on whether the occurrence and injuries were caused by a “ hit-and-run ¿utomobile”. The policy definition of such an automobile includes one whose operator or owner cannot be identified. The insured owner of the automobile of which respondent was a passenger reported the registration number of the offending vehicle and that the identifying letters were either “ CB ” or “ BB ”. In addition, the report describes the vehicle as a “big dark sedan”. There are two insured vehicles registered with the reported [527]*527number. The one with the “ OB ” is a Buick and that with the “BB” is a Rambler. The record presents a preliminary nonarbitrable issue as to whether the occurrence and injuries were caused by a “hit-and-run automobile.” Concur—Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, entered April 16, 1968, denying appellant’s motion to stay arbitration, unanimously reversed on the law, with $30 costs and disbursements to appellant, and the motion granted. A preliminary trial is directed on whether the occurrence and injuries were caused by a “ hit-and-run ¿utomobile”. The policy definition of such an automobile includes one whose operator or owner cannot be identified. The insured owner of the automobile of which respondent was a passenger reported the registration number of the offending vehicle and that the identifying letters were either “ CB ” or “ BB ”. In addition, the report describes the vehicle as a “big dark sedan”. There are two insured vehicles registered with the reported [527]*527number. The one with the “ OB ” is a Buick and that with the “BB” is a Rambler. The record presents a preliminary nonarbitrable issue as to whether the occurrence and injuries were caused by a “hit-and-run automobile.” Concur—Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.2d 526, 294 N.Y.S.2d 972, 1968 N.Y. App. Div. LEXIS 2887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-bauman-insurance-of-north-america-nyappdiv-1968.