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MTR. OF RIEMENSCHNEIDER (MVAIC)

20 N.Y.2d 547 (1967)

In the Matter of the Arbitration between Fritz Riemenschneider, as Guardian of Oscar Riemenschneider, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1967.

Attorney(s) appearing for the Case

Sidney Gaines and W. Harvey Mayer for appellant.

Manuel Herman and Allen Redlich for respondent.

Chief Judge FULD and Judges KEATING and BREITEL concur with Judge BERGAN; Judge SCILEPPI dissents and votes to reverse and to stay arbitration in a separate opinion in which Judges VAN VOORHIS and BURKE concur.

BERGAN, J.

Petitioner's ward, Oscar Riemenschneider, was riding as a passenger in an insured motor vehicle owned by Randolph Valadares, which, while stopped at a toll station, was struck in the rear by another vehicle.

Valadares' insurance policy contained the standard New York Automobile Accident Indemnification Endorsement which, under prescribed circumstances, provides coverage by the respondent-appellant...

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