MATTER OF MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


75 A.D.2d 645 (1980)

In the Matter of the Arbitration between Manhattan and Bronx Surface Transit Operating Authority, Appellant, and Rosalie Campbell, Respondent

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

April 28, 1980


Resettled judgment reversed, on the law, with $50 costs and disbursements, and petition granted.

Respondent is not entitled to no-fault insurance benefits since her alleged injuries did not result from the "use or operation" of a motor vehicle as contemplated by section 670 et seq. of the Insurance Law. Therefore, arbitration of respondent's no-fault claim should have been stayed. (See Matter of Manhattan & Bronx Surface Tr. Operating Auth. [Gholson...

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