HOME INDEM. v. BRUGNATELLI


138 Misc.2d 366 (1987)

Home Indemnity Insurance Company, Petitioner, v. Mary M. Brugnatelli et al., Respondents.

Supreme Court, Nassau County.

December 29, 1987


Attorney(s) appearing for the Case

Becker, Engelman & Remer for petitioner. Henry W. Sawits for Mary M. Brugnatelli, respondent. S. Edmund Resciniti for Commercial Union Insurance Company, respondent.


VINCENT R. BALLETTA, J.

By an order dated August 28, 1987, Justice Molloy set this stay of arbitration proceeding down for a hearing in Special Term, Part II, on the preliminary issue of whether the offending vehicle was insured. The matter came to be heard by me on October 23, 1987, and decision was reserved pending the receipt of the minutes and posttrial memoranda.

The essential facts are as follows. It is clear from the evidence that the additional...

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