MATTER OF BLONDO v. ALL CITY INS. CO.


56 Misc.2d 516 (1968)

In the Matter of the Arbitration between Rachel Blondo, an Infant, et al., Claimants, and All City Insurance Company, Respondent.

Supreme Court, Trial Term, New York County.

January 31, 1968


Attorney(s) appearing for the Case

Herbert Resnick for claimants. Philip Hoffer for respondent.


ABRAHAM N. GELLER, J.

Motion for a special preference, pursuant to CPLR 3403, of the issue of validity of a disclaimer of coverage raised in an application for a stay of arbitration demanded under an uninsured automobile policy indorsement, is denied.

While there might appear to be support for the view that such triable issues of fact in a special proceeding "shall be tried forthwith" (CPLR 410), the revisers indicated in their report that this...

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