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In re the Arbitration between Colestock & Utica Mutual Insurance

28 A.D.2d 1205 Court N.Y. App. Div. Decision date 1967-11-30 English

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p. 1205
In the Matter of the Arbitration between Robert Colestock, Appellant, and Utica Mutual Insurance Company, Respondent.

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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