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MTR. OF EMPIRE INS. (KONETSKY)

92 Misc.2d 843 (1976)

In the Matter of the Arbitration between Empire Mutual Insurance Company, Petitioner, and Ann P. Konetsky, Respondent.

Supreme Court, Special Term, New York County.

August 10, 1976

Attorney(s) appearing for the Case

Philip Hoffer and Edward M. Camhi for petitioner. Kalman & Kaufman (Edwin Kaufman of counsel), for respondent.

ARNOLD L. FEIN, J.

This is a motion by petitioner inappropriately styled as a motion to dismiss a special proceeding which petitioner heretofore brought to stay arbitration of an uninsured motorist claim sought by respondent-claimant. Petitioner's application is premised upon the ground that respondent has already recovered no-fault benefits in the sum of $21,722.65, far in excess of the $10,000 which may be...

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