MATTER OF TUZZINO


22 A.D.2d 641 (1964)

In the Matter of the Arbitration between Joseph Tuzzino et al., Respondents, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

October 1, 1964


Order entered April 13, 1964, denying respondent's motion for a stay of arbitration, unanimously reversed, on the law and on the facts, with $30 costs and disbursements to the appellant, and the motion granted, with $10 costs.

Section 617 of article 17-A of the Insurance Law provides, in part, as follows: "The protection provided by this article shall not apply * * * unless the bodily injury to the insured or qualified person arose out of physical contact of the motor...

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