In re the Arbitration between Allstate Insurance & Chavez

Judgment, Supreme Court, New York County, entered on April 5, 1972, affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Concur — McGivern, J. P., Markewich, Nunez and Murphy, JJ.; McNally, J., would reverse and dismiss and stay arbitration upon the ground that the respondent did not establish a physical contact with a “ hit and run ” automobile by a fair preponderance of the credible evidence.