In re the Arbitration between Danza & Motor Vehicle Accident Indemnification Corp.

This court on its own motion is recalling its decision in this matter which appeared in the New York Law Journal on September 29, 1963, and this matter is disposed of as follows:

Motion to stay arbitration. No issue is presented as to whether or not the petitioner’s injuries were caused by collision with an uninsured vehicle. The fact of disclaimer is not in dispute. The moving affidavit states that the 1 ‘ ‘ Atlantic National ’ * * * on or about November 8, 1962 disclaimed *777coverage to their insured, * * * for the accident of July 14,1960.”

“ Where the fact of disclaimer is in dispute,…