MTR. OF NORFOLK INS. (RAKOW)


99 Misc.2d 929 (1979)

In the Matter of the Arbitration between Norfolk & Dedham Mutual Fire Insurance Company, Petitioner, and Robert Rakow, Respondent.

Supreme Court, Special Term, Dutchess County.

June 5, 1979


Attorney(s) appearing for the Case

John J. Mulvey and Edward J. Lackaye, Jr., for petitioner. Finkelstein, Mauriello, Kaplan & Levine (Benjamin J. Fried of counsel), for respondent. Babchak, Daly & Lavery (John E. Babchak, Jr., of counsel), for Transamerica Insurance Company. James F. Carroll for Motor Vehicle Accident Indemnification Corporation. Edward L. Milde and Nancy F. Wang for United States Fidelity & Guaranty Company.


JOSEPH D. QUINN, JR., J.

In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim under the uninsured motorist provision of an automobile liability insurance policy, petitioner claims that a preliminary trial should be held to resolve the questions of (1) whether a valid agreement to arbitrate existed between the parties, and (2) whether the insurance on certain vehicles involved in an accident...

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