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MTR. OF SMITH (GREAT AMER. INS. CO.)

29 N.Y.2d 116 (1971)

In the Matter of the Arbitration between Frederick F. Smith, Respondent, and Great American Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

Francis J. Holloway for appellant.

Keith G. Flint for respondent.

Judges BURKE, SCILEPPI and JASEN concur with Judge BREITEL; Chief Judge FULD concurs in result in an opinion; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judge GIBSON concurs.

BREITEL, J.

The issue, in this proceeding to stay arbitration, is whether there was physical contact between an unidentified vehicle and the injured claimant's automobile as contemplated by the Accident Indemnification Law (Insurance Law, § 617). An unidentified tractor-trailer combination approached claimant's automobile from an opposite direction. Snow and ice were dislodged from the tractor-trailer, striking...

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