MATTER OF COUNTRY-WIDE INS. CO.


62 N.Y.2d 748 (1984)

In the Matter of the Arbitration between Country-Wide Insurance Company, Respondent, and Daisy P. Manning, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1984.


Attorney(s) appearing for the Case

Bernard Meyerson for appellant.

Steven Kent, Herbert Dicker and Diane Kanca for respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Edward F. X. Hart and Leonard Koerner of counsel), for the City of New York, amicus curiae.

Concur: Judges JONES, WACHTLER, SIMONS and KAYE. Judge MEYER dissents and votes to reverse in an opinion in which Chief Judge COOKE and Judge JASEN concur.


Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (96 A.D.2d 471).

MEYER, J. (dissenting).

The fallacy in the reasoning of the Appellate Division and of the majority in this court is in their failure to distinguish between those who are entirely exempt from the liability insurance requirements of the Vehicle and Traffic Law and, consequently, from the uninsured...

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