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MATTER ARBITRATION BETWEEN ALLCITY INSURANCE COMPANY (11/06/69)

November 6, 1969

IN THE MATTER OF THE ARBITRATION BETWEEN ALLCITY INSURANCE COMPANY, APPELLANT, AND ELIZABETH DI LORENZO ET AL., RESPONDENTS


Concur -- Eager, J. P., Capozzoli, Nunez and Macken, JJ.; Tilzer, J. votes to affirm.

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 endorsement. (See Matter of Askey [ General Acc. Fire & Life Assur. Corp.], 30 A.D.2d 632, affd. 24 N.Y.2d 937.) 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).

Disposition

Orders, entered January 24, 1969 and February 25, 1969, unanimously affirmed, with $30 costs and disbursements to the respondents.

19691106

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