Opinion
November 6, 1969
Orders, entered January 24, 1969 and February 25, 1969, unanimously affirmed, with $30 costs and disbursements to the respondents. Although CPLR 7503 (subd. [c]) may be applied to preclude the petitioner's application to stay arbitration ( Matter of Allstate Ins. Co. [ Ness], 32 A.D.2d 912), the majority also conclude that the motorized bicycle was an automobile and a motor vehicle embraced within the terms of the uninsured motorist's indemnification indorsement. (See Matter of Askey [ General Acc. Fire Life Assur. Corp.], 30 A.D.2d 632, affd. 24 N.Y.2d 937.)
Concur — Eager, J.P., Capozzoli, Nunez and Macken, JJ.; Tilzer, J. votes to affirm on constraint of Matter of Allstate Ins. Co. v. Ness ( 32 A.D.2d 912), and Cosmopolitan Mut. Life Ins. Co. v. Moliere (31 A D 8d 924).