In re the Arbitration between Allstate Insurance & Spadaccini

Judgment, Supreme Court, New York County, entered May 21, 1975, unanimously modified, on the law and the facts, to reverse and remand for a further hearing on the issue whether a hit and run vehicle was involved in appellant’s accident, and otherwise affirmed, without costs and without disbursements. In this proceeding by respondent to stay arbitration, a principal issue required to be considered by the hearing Justice was whether appellant was the victim of a hit and run vehicle so as to activate a clause in his policy providing for arbitration. Over objection of appellant’s counsel,…