MATTER OF ALLCITY INS. CO.


33 A.D.2d 665 (1969)

In the Matter of the Arbitration between Allcity Insurance Company, Appellant, and Elizabeth Di Lorenzo et al., Respondents

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

November 6, 1969


Orders, entered January 24, 1969 and February 25, 1969, unanimously affirmed, with $30 costs and disbursements to the respondents.

Although CPLR 7503 (subd. [c]) may be applied to preclude the petitioner's application to stay arbitration (Matter of Allstate Ins. Co. [Ness], 32 A.D.2d 912), the majority also conclude that the motorized bicycle was an automobile and a motor vehicle embraced within the terms of the uninsured...

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