MATTER OF ROSENBAUM


12 A.D.2d 886 (1961)

In the Matter of the Arbitration between Jeanette Rosenbaum, as Executrix of Samuel Rosenbaum, Deceased, Respondent, and American Surety Company of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 12, 1961


Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs.

Memorandum:

The liability policy issued to the respondent herein and her deceased husband contained the usual "uninsured motorist" clause. Respondent's husband sustained injuries, from which he subsequently died, in a collision with two cars. The respondent filed a claim under the policy with her own carrier. Upon nonpayment by that carrier, a proceeding...

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