MATTER OF POWERS


29 A.D.2d 1041 (1968)

In the Matter of the Arbitration between Robert J. Powers et al., Respondents, and Continental Insurance Company, Appellant

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

April 29, 1968


MEMORANDUM BY THE COURT.

The petition asserts (par. "9") that the owner and operator of the automobile which struck claimants' vehicle are known, they being, in fact, the defendants in an action brought by claimants, alleging that defendants' vehicle was struck by an unidentified car and propelled into their automobile; and consequently that a hit-and-run automobile, as defined in the policy issued by petitioner, is not involved. This contention is without merit....

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