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BANNER CAS. v. LAZAR

81 Misc.2d 360 (1975)

Banner Casualty Company, Petitioner, v. Morris M. Lazar et al., Respondents.

Supreme Court, Trial Term, Nassau County.

March 28, 1975

Attorney(s) appearing for the Case

Gordich, Cohen & DeLucia (Horace M. Cohen of counsel), for petitioner. Berman, Schwartz & Schulman (Steven G. Schulman of counsel), for Morris M. Lazar and another, respondents. Montfort, Healy, McGuire & Salley (Richard W. Hartig, Jr., of counsel), for Econo Car International, respondent.

BERNARD F. McCAFFREY J.

In this nonjury trial the court is called upon to determine the preliminary issue of the validity of the disclaimer by the self-insured respondent, Econo-Car International. The issue is presented pursuant to an application by petitioner, Banner Casualty Company, for a stay of arbitration pursuant to CPLR 7503.

The parties stipulated, prior to the presentation of testimony, to...

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