Appellate Division of the Supreme Court of New York, 1974

Allstate Insurance v. Watts

Allstate Insurance v. Watts
Appellate Division of the Supreme Court of New York · Decided July 29, 1974
45 A.D.2d 1005; 358 N.Y.S.2d 972; 1974 N.Y. App. Div. LEXIS 4245
Allstate Insurance v. Watts

Opinion of the Court

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme .Court, Nassau County, dated January 10, 1974, which denied the application. Order reversed, on the law, without costs, and petition granted. Under the circumstances of ¡this' case, a preliminary trial should be held to resolve the issue of whether there was “ contact ” between the insured’s vehicle and an alleged hit and run ” vehicle (see Matter of Allstate Ins. Co. [Morales], 42 A D 2d 951). Gulotta, P. J., Martuscello, Shapiro, Christ and Benjamin, JJ., concur.

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