SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
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).
Orders, entered January 24, 1969 and February 25, 1969, unanimously affirmed, with $30 costs and disbursements to the respondents.
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