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MATTER ARBITRATION BETWEEN WILLIAM FRAME (04/18/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


April 18, 1969

IN THE MATTER OF THE ARBITRATION BETWEEN WILLIAM FRAME, RESPONDENT, AND AMERICAN MOTORISTS INSURANCE COMPANY, APPELLANT. MOTOR VEHICLE ACCIDENT IDEMNIFICATION CORPORATION, INTERVENOR-RESPONDENT

Gibson, P. J., Aulisi, Staley, Jr., Cooke and Greenblott, JJ., concur.

Motion for reargument granted, without costs, and upon reargument, we adhere to our original determination reversing the order appealed from and remitting the matter to Special Term to determine whether or not the infant Mark Frame falls within the scope of the uninsured motorist protection afforded by appellant's policy. Our alternative holding is deleted since it now appears for the first time that an order permitting submission of the infant's claim to arbitration was obtained albeit not until after service of the demand for arbitration. We do not pass upon the question whether the service of the demand for arbitration under these circumstances was proper.

Disposition

Motion for permission to appeal to the Court of Appeals denied, without costs.

19690418

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