MATTER OF COSMOPOLITAN MUT. INS. CO.


59 A.D.2d 669 (1977)

In the Matter of the Arbitration between Cosmopolitan Mutual Insurance Company, Appellant, and Victor Encarnacion, Respondent

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

October 13, 1977


Unanimously reversed, on the law, and vacated, and petitioner-appellant's motion to stay arbitration granted, without costs and without disbursements.

Respondent-respondent was injured by a hit-run vehicle while operating a taxi for Stell Taxi, Inc. Stell was self-insured pursuant to section 370 of the Vehicle and Traffic Law, and had obtained the requisite payment bond from petitioner-appellant as surety. After MVAIC rejected respondent-respondent's claim as answerable...

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