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MATTER OF COLESTOCK

28 A.D.2d 1205 (1967)

In the Matter of the Arbitration between Robert Colestock, Appellant, and Utica Mutual Insurance Company, Respondent

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

November 30, 1967

Order unanimously reversed, with costs, and motion denied. Memorandum: Special Term erred in vacating appellant's demand for arbitration and staying further proceedings. Its reliance on MV AIC v. Eisenberg (18 N.Y.2d 1) was misplaced. The uncontroverted proof establishes that claimant's vehicle was struck by a "hit-and-run automobile" within the meaning of the policy...

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