MATTER OF ALLCITY INS. CO. (EMPIRE)


45 A.D.2d 690 (1974)

In the Matter of the Arbitration between Allcity Insurance Company (Empire), Respondent, and Augusto Manero et al., Respondents; Boston Old Colonial Insurance Company, Appellant

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

June 18, 1974


This proceeding is brought to stay arbitration arising out of a motor vehicle accident. There is an impressive affidavit of merit which recites that respondent-appellant Boston Old Colonial Insurance Company was formerly the carrier covering a vehicle owned by Carolyn Moore and driven by Henry Moore. The policy had been cancelled for nonpayment some months before the subject accident, and all requirements in respect of notice had been observed. Respondent Manero, involved...

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