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Aetna Life & Casualty, PFSD v. Clifford

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1991
171 A.D.2d 1050 (N.Y. App. Div. 1991)

Opinion

March 8, 1991

Appeal from the Supreme Court, Onondaga County, Miller, J.

Present — Dillon, P.J., Callahan, Denman, Boomer and Lowery, JJ.


Order unanimously affirmed with costs. Memorandum: Respondent served petitioner with a Demand for Arbitration alleging that her personal injuries were caused by the negligence of an uninsured motor vehicle operator. The uncontroverted facts on the record establish that respondent was driving the subject motor vehicle at the time of the accident. It was within the jurisdiction of Supreme Court to determine, on those uncontroverted facts, that respondent had no arbitrable claim for uninsured motorist benefits (see, Matter of Rosenbaum [American Sur. Co.], 11 N.Y.2d 310; Matter of MVAIC [Levy], 17 A.D.2d 965; Matter of Hilton [MVAIC], 53 Misc.2d 823, affd 29 A.D.2d 630).


Summaries of

Aetna Life & Casualty, PFSD v. Clifford

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1991
171 A.D.2d 1050 (N.Y. App. Div. 1991)
Case details for

Aetna Life & Casualty, PFSD v. Clifford

Case Details

Full title:AETNA LIFE CASUALTY, PFSD, Respondent, v. PAMELA CLIFFORD, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 8, 1991

Citations

171 A.D.2d 1050 (N.Y. App. Div. 1991)