Appellate Division of the Supreme Court of New York, 1991

Aetna Life & Casualty, PFSD v. Clifford

Aetna Life & Casualty, PFSD v. Clifford
Appellate Division of the Supreme Court of New York · Decided March 8, 1991
171 A.D.2d 1050; 579 N.Y.S.2d 602; 1991 N.Y. App. Div. LEXIS 6788
Aetna Life & Casualty, PFSD v. Clifford

Opinion of the Court

Order unanimously affirmed with costs. Memorandum: Respondent served petitioner with a Demand for Arbitration alleging that her personal injuries were caused by the negligence of an uninsured motor vehicle operator. The uncontroverted facts on the record establish that respondent was driving the subject motor vehicle at the time of the accident. It was within the jurisdiction of Supreme Court to determine, on those uncontroverted facts, that respondent had no arbitrable claim for uninsured motorist benefits (see, Matter of Rosenbaum [American Sur. Co.], 11 NY2d 310; Matter of MVAIC [Levy] 17 AD2d 965; Matter of Hilton [MVAIC], 53 Misc 2d 823, affd 29 AD2d 630). (Appeal from Order of Supreme Court, Onondaga County, Miller, J. — Arbitration.) Present — Dillon, P. J., Callahan, Denman, Boomer and Lowery, JJ.

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