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  5. 46 N.Y.2d 1040 (1979)
 

MATTER OF GARCIA v. FED. INS. CO.

46 N.Y.2d 1040 (1979)

In the Matter of Marcelino Garcia, Appellant, v. Federal Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Melvin Rubin and Floyd Sheeger, Jr., for appellant.

William R. Brick, Jr., and E. John McNulty for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge JASEN dissents and votes to affirm in a separate opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the arbitration award reinstated.

The question submitted for arbitration was: "Is a conviction or plea or charge of Driving while intoxicated required for the claimant to be excluded from benefits under Section 672 Subd 2(b) of the Insurance Law?" The arbitrator answered the question affirmatively and we see no grounds to upset this...

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