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MATTER OF AETNA CAS. & SUR. CO. v. GUTSTEIN

169 A.D.2d 718 (1991)

In the Matter of Aetna Casualty and Surety Company, Respondent, v. Andrew Gutstein, Appellant

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

January 14, 1991

Ordered that the judgment is reversed, on the law, with costs, the proceeding is dismissed on the merits, and the parties are directed to proceed to arbitration.

The petitioner sought to permanently stay arbitration of the uninsured motorist claim in this case by contending that the respondent is not entitled to coverage under his father's family auto insurance policy because he does not qualify as a "family member", which...

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