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MATTER OF GALLAGHER

12 A.D.2d 981 (1961)

In the Matter of the Arbitration between John P. Gallagher, Respondent, and Government Employees Insurance Company, Appellant

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

February 27, 1961

Order reversed, with $10 costs and disbursements, and matter remitted to the Special Term for further proceedings not inconsistent herewith.

Petitioner, with respect to his claim for damages sustained as a result of being struck by an uninsured motorist, sought arbitration as provided in the insurance policy. The insurer disclaimed liability on the ground, in effect, that the policy provision was superseded by the provisions of chapter 759 of the Laws of 1958, which...

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