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MATTER ARBITRATION BETWEEN RAMONA BAUMAN (11/19/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


November 19, 1968

IN THE MATTER OF THE ARBITRATION BETWEEN RAMONA BAUMAN, RESPONDENT, AND INSURANCE COMPANY OF NORTH AMERICA, APPELLANT

Concur -- Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.

A preliminary trial is directed on whether the occurrence and injuries were caused by a "hit-and-run automobile". The policy definition of such an automobile includes one whose operator or owner cannot be identified. The insured owner of the automobile of which respondent was a passenger reported the registration number of the offending vehicle and that the identifying letters were either "CB" or "BB". In addition, the report describes the vehicle as a "big dark sedan". There are two insured vehicles registered with the reported number. The one with the "CB" is a Buick and that with the "BB" is a Rambler. The record presents a preliminary nonarbitrable issue as to whether the occurrence and injuries were caused by a "hit-and-run automobile."

Disposition

Order, entered April 16, 1968, denying appellant's motion to stay arbitration, unanimously reversed on the law, with $30 costs and disbursements to appellant, and the motion granted.

19681119

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