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MATTER OF ALLSTATE INS. CO. v. DONOFRIO

115 A.D.2d 540 (1985)

In the Matter of Allstate Insurance Company, Appellant, v. Carmine Donofrio et al., Respondents

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

December 9, 1985

Order modified, on the law, by deleting therefrom the award of $1,000 costs and substituting therefor a provision awarding costs to respondents. As so modified, order affirmed, with costs to respondents.

The evidence at trial established that respondents were involved in a multivehicle accident in which one of the other automobiles was uninsured. Consequently, the proceeding to stay arbitration of respondents' uninsured...

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