MATTER OF NASSAU INS CO. (EPPS)


63 A.D.2d 473 (1978)

In the Matter of the Arbitration between Nassau Insurance Company, Appellant, and Dora Epps, Respondent. Public Service Mutual Insurance Co., Respondent

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

July 24, 1978


Attorney(s) appearing for the Case

Wolff & Hass (Morris Hass of counsel), for appellant.

Melvin W. Knyper (Ira Bartfield of counsel), for Dora Epps, respondent.

Gantman, Cyperstein & Peckman (Nathan Cyperstein of counsel; Alvin P. Bluthman on the brief), for Public Service Mutual Insurance Co., respondent.

TITONE, J. P., SUOZZI and COHALAN, JJ., concur.


SHAPIRO, J.

The core issue here is whether subdivision 1 of section 313 of the Vehicle and Traffic Law, which provides that "where the cancellation [of an automobile insurance policy] is for non-payment of premium * * * ten days notice of cancellation by the insurer shall be sufficient" (emphasis supplied), was impliedly repealed by the 1974 amendment to the Insurance Law, which added a new section 167...

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