New York Court of Appeals, 1981

In Re the Arbitration Between New York City Transit Authority & Thom

In Re the Arbitration Between New York City Transit Authority & Thom
New York Court of Appeals · Decided February 26, 1981 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur in Memorandum
52 N.Y.2d 1032; 438 N.Y.S.2d 504; 420 N.E.2d 385; 1981 N.Y. LEXIS 2267

In Re the Arbitration Between New York City Transit Authority & Thom

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the court below that the New York City-Transit Authority does not qualify as a political subdivision of the State for purposes of the exception found in subdivision 1 of section 370 of the Vehicle and Traffic Law for “motor vehicles * * * owned and operated by a municipality”. In regard to the Transit Authority’s remaining contention, we have held that section 370 of the Vehicle and Traffic Law does not exclude self-insurers from the requirements of providing uninsured motorist coverage. (Matter of Allstate Ins. Co. v Shaw, 52 NY2d 818.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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