In re the Arbitration between Colestock & Utica Mutual Insurance

Memorandum: Special Term erred in vacating appellant’s demand for arbitration and staying further proceedings. Its reliance on MVAIC v. Eisenberg (18 N Y 2d 1) was misplaced. The uncontroverted proof establishes that claimant’s vehicle was struck by a “hit-and-run automobile” within the meaning of the policy provision. (Appeal from order of Chautauqua Special Term, staying arbitration and vacating demand for arbitration.) Present — Bastow, J. P., Goldman, Henry, Del Veechio and Marsh, JJ.