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ESTATE OF CEPEDA v. U. S. FID. & GUAR.

37 A.D.2d 454 (1971)

Estate of Perico Cepeda, by Abraham D. Levy, Public Administrator, et al., Respondents, v. United States Fidelity and Guaranty Company, Respondent; Motor Vehicle Accident Indemnification Corporation, Appellant

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

December 9, 1971.

Attorney(s) appearing for the Case

Patrick J. Hughes for appellant.

Harry N. Borsher of counsel (Paley, Levy & Borsher, attorneys), for estate of Perico Cepeda and another, respondents.

Robert G. Burkhart of counsel (Edward L. Milde, attorney), for United States Fidelity and Guaranty Company, respondent.

MARKEWICH, J. P., KUPFERMAN, MURPHY and TILZER, JJ., concur.

STEUER, J.

This is a special proceeding to determine which of respondents, an insurance company or Motor Vehicle Accident Indemnification Corporation, is required to arbitrate with the petitioners. The issue in the proceeding is whether at the time of the accident petitioners were passengers in the automobile of the insured. We do not agree with Trial Term's conclusion that they were not.

The facts are...

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