MATTER OF PASSIK (M V A I C)


42 Misc.2d 447 (1964)

In the Matter of the Arbitration between Sylvia Passik, Individually, and as Guardian ad Litem for Dennis J. Passik, an Infant, Petitioner, and Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Special Term, New York County.

February 3, 1964


Attorney(s) appearing for the Case

Carroll & Spencer for respondent. Irving A. Scheinberg for petitioner.


THOMAS A. AURELIO, J.

Respondent moves for an order staying arbitration. It argues that it cannot be compelled to arbitrate since the petitioner asserted the existence of insurance. It is clear from the documentary proof that petitioner has stated the existence of a policy of insurance, but that there was in fact no insurance coverage by reason of disclaimer of liability and coverage. The action arose while...

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