MATTER OF CHIRO


49 A.D.2d 686 (1975)

In the Matter of the Arbitration between William Chiro, an Infant, by James Chiro, His Parent and Natural Guardian, et al., Respondents, and Merchants Mutual Insurance Company, Appellant

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

July 18, 1975


Order unanimously reversed, and motion for stay granted, without costs.

Memorandum:

In a proceeding to stay arbitration in a claim for personal injuries asserted under the accident indemnification provisions contained in an automobile liability policy of insurance issued by appellant carrier to claimants-respondents, the carrier appeals from an order of Supreme Court, Erie County which (1) denied its application to stay arbitration; (2) determined as a matter...

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