In re the Arbitration between Hall & Royal Indemnity Insurance

Judgment unanimously modified on the law and facts in accordance with the memorandum herein, and as so modified affirmed, without costs. Memorandum: We disagree with Special Term’s conclusions that the automobile by which the insured person was injured was not a “motor vehicle” within the contemplation of the Vehicle and Traffic Law and that the accident was not a “ motor vehicle accident ” intended to be covered by article 17-A of the Insurance Law. It appears from the *1091affidavits that the injuries occurred when the automobile “ started and ran into” claimant; it was therefore apparently in…