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HARTFORD ACCIDENT & INDEM. CO. v. RUSSO

55 A.D.2d 597 (1976)

Hartford Accident & Indemnity Company, Appellant, v. Marie Russo, Respondent

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

December 6, 1976

Order reversed, without costs or disbursements, and proceeding remitted to Special Term for a hearing in accordance herewith.

Under the terms of the policy in question, contact with the hit-and-run vehicle is a condition precedent to arbitration. Under the conflicting proof presented, the issue of whether there was contact should be decided at a hearing, at which all of the relevant facts may...

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