Order, entered on November 20, 1961, denying petitioner-appellant's motion to stay arbitration, unanimously modified, on the law, to the extent of remanding the proceeding to Special Term for a hearing on the issue of whether a hit-run vehicle was involved, and is otherwise affirmed, with $20 costs and disbursements to respondent.
Special Term correctly held that respondent is an "insured" (Insurance Law, § 167, subd. 2-a). However, the affidavits raise a question...
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