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MTR. OF ALLSTATE INS. (LA PERTA)

42 A.D.2d 104 (1973)

In the Matter of the Arbitration between Allstate Insurance Company, Respondent, and Agnes La Perta, Respondent; Hertz Corp., Appellant

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

July 2, 1973.

Attorney(s) appearing for the Case

Cymrot, Wolin & Simon (Benjamin Heller of counsel), for appellant.

Gerald E. McCloskey for Allstate Insurance Company, respondent.

No appearance or brief for Agnes La Perta, respondent.

MUNDER, Acting P. J., LATHAM and CHRIST, JJ., concur with SHAPIRO, J.; BENJAMIN, J., concurs in result, with a separate opinion.

SHAPIRO, J.

At Special Term, Allstate Insurance Company, as the petitioner, sought a stay of an arbitration proceeding commenced by Agnes La Perta, a passenger in her husband's automobile when it came in contact with an automobile owned by the appellant, the Hertz Corp. In asking for arbitration she invoked the arbitration provision of the uninsured motorist clause in the automobile liability policy issued by...

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