Appellate Division of the Supreme Court of New York, 1976

Hartford Accident & Indemnity Co. v. Smith

Hartford Accident & Indemnity Co. v. Smith
Appellate Division of the Supreme Court of New York · Decided November 22, 1976
54 A.D.2d 958; 388 N.Y.S.2d 641; 1976 N.Y. App. Div. LEXIS 14870
Hartford Accident & Indemnity Co. v. Smith

Opinion of the Court

In *959In an action to recover damages for personal injuries, etc., and a proceeding to stay arbitration, defendant Lusk appeals from so much of a resettled order of the Supreme Court, Orange County, dated April 7, 1976, as permanently stayed arbitration between the petitioner and the respondents and vacated the demand for arbitration. Order affirmed insofar as appealed from, without costs or disbursements. There is support in the record for Special Term’s finding that, at the time of the accident, title to the subject automobile had not passed from defendant Lusk to defendant Davis. Hopkins, Acting P. J., Martuscello, Damiani and Suozzi, JJ., concur.

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