MTR OF LUMBERMENS v. EUGENE


120 Misc.2d 1065 (1983)

In the Matter of Lumbermens Mutual Casualty Company, Petitioner, v. Pierre Eugene et al., Respondents.

Supreme Court, Special Term, New York County.

August 25, 1983


Attorney(s) appearing for the Case

Samuel J. Almon for petitioner. Martin Kaplan for respondents.


MARTIN EVANS, J.

Petitioner seeks to stay arbitration of respondents' uninsured motorist claim.

Petitioner contends that a preliminary trial must be had to determine whether respondents have met the threshold for serious injury as defined in subdivision 4 of section 671 of the Insurance Law, a condition precedent, petitioner believes, to submitting the claim to arbitration pursuant to subdivision 2-a of section 167 of the Insurance Law. Respondents...

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