UNITED SERVS. AUTO. ASS'N v. SMITH


42 A.D.2d 1032 (1973)

United Services Automobile Association, Respondent, v. Larry Smith et al., Appellants

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

October 26, 1973


Order unanimously reversed, with costs, and petition dismissed.

Memorandum:

On the argument of this appeal petitioner acknowledged the sufficiency of the notice of claim. The petition and supporting affidavits were not adequate to justify a stay of the arbitration sought by respondent under the uninsured motorist indorsement of the automobile insurance policy issued to him by petitioner. Seeking to stay arbitration, the insurer "had the burden of showing the...

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