In re the Arbitration between Portnoy & Motor Vehicle Indemnification Corp.

Order and judgment (one paper), Supreme Court, New York County, entered on October 12, 1971, directing the parties to proceed to arbitration, unanimously reversed, on the law, and a new hearing directed, with $40 costs and disbursements of this appeal to appellant-to abide the event. The burden was on the claimant to show that the automobile involved in the accident was an uninsured vehicle. The only evidence to establish this was a letter from the purported insurer denying coverage. The admission of the letter into evidence was plainly error, and without it the right to arbitrate was not established. Concur — Kupferman, J. P., Murphy, Steuer and Tilzer, JJ.