MATTER OF CRITERION INS. (COM. ASSUR.)


89 Misc.2d 36 (1976)

In the Matter of the Arbitration between Criterion Insurance Company of Washington, D.C., Petitioner, and Commercial Union Assurance Company, Respondent.

Supreme Court, Special Term, Nassau County.

November 24, 1976


Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley for petitioner. Curtis, Hart & Zaklukiewicz for respondent. Louis J. Lefkowitz, Attorney-General, for State of New York.


ANDREW J. DI PAOLA, J.

This proceeding to stay compulsory arbitration proceedings under section 674 of the Insurance Law involves the interpretation of the statute and, if interpreted contrary to petitioner's contentions, an attack on its constitutionality.

The facts are undisputed. On May 12, 1974 Frances Frangione was operating an automobile owned by Felix Frangione covered by a policy of insurance issued by the respondent Commercial Union Assurance...

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