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LETO v. PETRUZZI

81 A.D.2d 296 (1981)

Susan Leto et al., Respondents, v. Carmen Petruzzi et al., Appellants

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

June 29, 1981

Attorney(s) appearing for the Case

Pizzitola & DiBlasi (Lawrence B. Lame and Vincent A. DiBlasi of counsel), for Carmen Petruzzi and another, appellants.

Benjamin J. Sergi (Edward D. Lory on the brief), for Slattery Contracting Company, Inc., appellant.

Howard J. McGratty for Karl Koch Erecting Company, Inc., appellant.

William R. Johnson for respondents.

DAMIANI, J. P., LAZER and GIBBONS, JJ., concur.

MANGANO, J.

On this appeal, we consider whether an arbitration award in an amount equal to the full statutory limit of liability under an uninsured motorist indorsement in an automobile accident insurance policy bars a legal action for personal injury by the arbitration claimant when there is no indication that the arbitration award represents the total damages due the claimant for noneconomic loss.

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