In re the Arbitration between Colestock & Utica Mutual Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Colestock & Utica Mutual Insurance

28 A.D.2d 1205, 285 N.Y.S.2d 356, 1967 N.Y. App. Div. LEXIS 2921

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

DecidedNovember 30, 1967

StatusPublished

This text of 28 A.D.2d 1205 (In re the Arbitration between Colestock & Utica Mutual Insurance) 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 Colestock & Utica Mutual Insurance, 28 A.D.2d 1205, 285 N.Y.S.2d 356, 1967 N.Y. App. Div. LEXIS 2921 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum: Special Term erred in vacating appellant’s demand for arbitration and staying further proceedings. Its reliance on MVAIC v. Eisenberg (18 N Y 2d 1) was misplaced. The uncontroverted proof establishes that claimant’s vehicle was struck by a “hit-and-run automobile” within the meaning of the policy provision. (Appeal from order of Chautauqua Special Term, staying arbitration and vacating demand for arbitration.) Present — Bastow, J. P., Goldman, Henry, Del Veechio and Marsh, JJ.

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Memorandum: Special Term erred in vacating appellant’s demand for arbitration and staying further proceedings. Its reliance on MVAIC v. Eisenberg (18 N Y 2d 1) was misplaced. The uncontroverted proof establishes that claimant’s vehicle was struck by a “hit-and-run automobile” within the meaning of the policy provision. (Appeal from order of Chautauqua Special Term, staying arbitration and vacating demand for arbitration.) Present — Bastow, J. P., Goldman, Henry, Del Veechio and Marsh, JJ.

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Bluebook (online)

28 A.D.2d 1205, 285 N.Y.S.2d 356, 1967 N.Y. App. Div. LEXIS 2921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-colestock-utica-mutual-insurance-nyappdiv-1967.