MATTER OF STATE FARM MUT. (SMITH)


129 Misc.2d 828 (1985)

In the Matter of the Arbitration between State Farm Mutual Automobile Insurance Company, Petitioner, and Mary Smith et al., Respondents.

Supreme Court, Trial Term, Queens County.

October 4, 1985


Attorney(s) appearing for the Case

Diamond, Rutman & Costello for petitioner. Harvey Sorid and Vincent J. Martorana for Mary Smith, respondent. Benjamin Purvin and C. Frank Sena for Allstate Insurance Company and another, respondents.


SIDNEY LEVISS, J.

This is an application by petitioner State Farm Mutual Automobile Insurance Company, to stay arbitration of a claim made by respondent Mary Smith, under the uninsured motorist indorsement of an automobile liability insurance policy issued by the petitioner to the claimant. Petitioner contends that (1) there was no physical contact between the offending motor vehicle and the person of the respondent-claimant, as required under Insurance...

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