MATTER OF KELLY


30 A.D.2d 516 (1968)

In the Matter of the Arbitration between Robert Kelly, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

May 14, 1968


Order and judgment (one paper) herein appealed from, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, and the motion to stay arbitration is granted.

The evidence is insufficient to establish a valid disclaimer by Knickerbocker Insurance Company (Knickerbocker). Claimant, a passenger in an insured vehicle, was injured on April 11, 1965, when that vehicle was struck by another vehicle, a hit-and-run car. However, the driver...

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