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IN THE MATTER OF UNITED SERVICES AUTOMOBILE ASSOCIATION v. BERTAN

10 A.D.3d 542 (2004)

782 N.Y.S.2d 63

In the Matter of UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent, v. GILBERT BERTAN et al., Appellants, et al., Proposed Additional Respondent.

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

September 21, 2004.

Order, Supreme Court, New York County (Nicholas Figueroa, J.), entered September 10, 2003, which, to the extent appealed from as limited by the brief, implicitly denied respondents-appellants' motion seeking to compel petitioner-respondent insurer to arbitrate the subject uninsured motorist claim in New York County, unanimously affirmed, with costs.

Inasmuch as the policy in question provided that arbitration of uninsured...

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