Travelers Indemnity Co. v. Spiro Panagatos — 49 A.D.2d 612

Majority

p. 612

Travelers Indemnity Company, Appellant, v Spiro Panagatos et al., Respondents.

In a proceeding to stay arbitration, petitioner appeals

p. 613

from an order of the Supreme Court, Nassau County, dated February 5, 1975, which denied the application. Order reversed, with $20 costs and disbursements, and proceeding remitted to Special Term for a hearing in accordance herewith. Since the papers raise a question of fact as to whether the alleged "hit-and-run” vehicle was insured, a hearing must be held to determine this issue, which is a condition precedent to arbitration (Matter of Weisburgh v MVAIC, 28 AD2d 783 , 784; State-Wide Ins. Co. v Santiago, 70 Misc 2d 400 ; Matter of Liberty Mut. Ins. Co. v Chandras, 67 Misc 2d 723 , 724; Matter of Klein [MVAIC], 48 Misc 2d 82 , 84). Benjamin, Acting P. J., Rabin and Hopkins, JJ., concur; Latham and Munder, JJ., dissent and vote to affirm the order.

Cases cited

In re the Arbitration between Weisburgh & Motor Vehicle Accident Indemnification Corp. 28 AD2d 783 N.Y. App. Div. 1967-06-20 at 784 p. 613
State-Wide Insurance v. Santiago 70 Misc 2d 400 N.Y. Sup. Ct. 1972-04-28 p. 613
Liberty Mutual Insurance v. Chandras 67 Misc 2d 723 N.Y. Sup. Ct. 1971-09-07 at 724 p. 613
In re the Arbitration between Klein & Motor Vehicle Accident Indemnification Corp. 48 Misc 2d 82 N.Y. Sup. Ct. 1965-04-02 at 84 p. 613