In re the Arbitration between Allstate Insurance & Morales

Order, Supreme Court, Bronx County, entered October 4, 1972, denying application to stay arbitration, unanimously reversed, on the law, without costs and without disbursements, and stay is granted pending determination at a preliminary trial of the issue of “ contact ” with the alleged “ hit and run ” automobile. In view of our overburdened calendars, we do this reluctantly, but the respondent’s failure to mention “ contact ” with another vehicle in the police report of the accident and the motor vehicle report raises a question as to his credibility, and also raises a factual issue as to whether there actually was “ contact ” with a “ hit and run ” vehicle, requiring a trial. Concur — Stevens, P. J., McGivern, Markewich, Kupferman and Murphy, JJ.