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MTR. AETNA CAS. v. BARILE

86 A.D.2d 362 (1982)

In the Matter of Aetna Casualty & Surety Company, Appellant, v. Angelina Barile, as Administratrix of The Estate of Anthony Barile, Deceased, Respondent

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

May 11, 1982

Attorney(s) appearing for the Case

Michael Majewski of counsel (Joseph D. Ahearn with him on the brief; J. Robert Morris, attorney), for appellant.

Vernon J. Welsh of counsel (Chasin Levine & Ross, attorneys), for respondent.

ROSS, J. P., MARKEWICH, SILVERMAN and ASCH, JJ., concur.

BLOOM, J.

This case poses a single and narrow issue; whether the testimony of respondent's expert in the circumstances here indicated was so speculative that it failed to present an issue determinable by the trier of the fact. We hold that it was. Accordingly, we reverse and grant the motion to stay arbitration.

The record discloses that sometime prior to 4:45 A.M. on the morning of May 9, 1980, Anthony...

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