STATE-WIDE INS. CO. v. MURDOCK


31 A.D.2d 978 (1969)

State-Wide Insurance Company, Appellant, v. Daniel Murdock et al., Respondents

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

March 31, 1969


Order reversed, on the law and the facts, with one bill of costs against respondents jointly; respondents' said motions denied; arbitration as between respondent Murdock and petitioner permanently stayed; the temporary stay of arbitration as between respondents vacated; and arbitration shall proceed between respondents.

In our opinion, where a panel truck had stalled and the operator had raised the hood of the motor to attempt to start the engine and a passenger alighted...

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