Opinion
July 19, 1965
In a proceeding by the Motor Vehicle Accident Indemnification Corporation to stay arbitration of a claim for personal injury asserted by the claimant, Theodore Eisenberg, pursuant to the terms of the accident indemnification endorsement contained in a family automobile liability insurance policy which provided uninsured motorist coverage (Insurance Law, § 167), the petitioner, MVAIC, appeals from an order of the Supreme Court, Nassau County, entered June 22, 1964 after a hearing, which denied its application for the stay of arbitration. Order reversed on the law, without costs; motion granted, and arbitration stayed. No issues of fact were considered. There was an admitted absence of physical contact between the hit-and-run vehicle and the vehicle of the insured. Such contact is a condition precedent to arbitration under both the statute (Insurance Law, § 617) and the endorsement. Hence, petitioner is entitled to stay the arbitration ( Matter of Tuzzino [ MVAIC], 22 A.D.2d 641; Matter of MVAIC [ Lupo], 18 A.D.2d 717, affd. 13 N.Y.2d 1017). Beldock, P.J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.