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


80 N.Y.2d 773 (1992)

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

Court of Appeals of the State of New York.

Decided June 4, 1992.


Attorney(s) appearing for the Case

Evan H. Krinick for appellant.

Edward K. Moran for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition to stay arbitration granted.

Under the facts of this case as found by Supreme Court, respondent, who maintained an apartment in Manhattan where he resided more than 80% of the time, is not a covered person entitled to uninsured motorist benefits under his father's insurance policy. The policy provides such coverage only...

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