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Matter of Allcity Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1969
33 A.D.2d 665 (N.Y. App. Div. 1969)

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).


Summaries of

Matter of Allcity Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1969
33 A.D.2d 665 (N.Y. App. Div. 1969)
Case details for

Matter of Allcity Insurance Company

Case Details

Full title:In the Matter of the Arbitration between ALLCITY INSURANCE COMPANY…

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

Date published: Nov 6, 1969

Citations

33 A.D.2d 665 (N.Y. App. Div. 1969)