MATTER OF METRO. PROP. & LIAB. CO.


175 A.D.2d 469 (1991)

In the Matter of the Arbitration between Metropolitan Property & Liability Company, Appellant, and Joseph Pisanelli et al., Respondents

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

July 18, 1991


Mahoney, P. J.

On August 13, 1985, 10-year-old Robert Pisanelli was struck by a 1979 Dodge Ram Charger owned and operated by Michael O'Dell on the premises of O'Dell's commercial garage. After being advised that the vehicle was uninsured, respondent Joseph Pisanelli (hereinafter respondent), the infant's father, served a demand for arbitration upon petitioner, his own insurer. Petitioner moved to stay arbitration alleging, inter alia, that a threshold...

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