MATTER OF AETNA CAS. & SUR. CO.


52 A.D.2d 1041 (1976)

In the Matter of the Arbitration between Aetna Casualty and Surety Company, Appellant, and Robert H. Holler, Respondent

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

May 21, 1976


Order unanimously reversed, without costs, petition reinstated and matter remitted to Monroe Supreme Court for further proceedings in accordance with the following memorandum: This is an appeal from an order dismissing a petition seeking a permanent stay of arbitration. Respondent requested arbitration under the provisions of an uninsured motorist indorsement of an insurance policy issued by petitioner. The trial court erred in holding that it was not necessary to determine...

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