MATTER OF ALLSTATE INS. CO.


52 A.D.2d 813 (1976)

In the Matter of the Arbitration between Allstate Insurance Company, Respondent, and George Spadaccini, Appellant

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

May 20, 1976


In this proceeding by respondent to stay arbitration, a principal issue required to be considered by the hearing Justice was whether appellant was the victim of a hit and run vehicle so as to activate a clause in his policy providing for arbitration. Over objection of appellant's counsel, respondent introduced into evidence a copy from its files of the history portion of the hospital record, containing statements that appellant fell off a motorbike. The court below relied...

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