In re the Arbitration between O'Brien & Aetna Casualty & Surety Co.

Cooke, J. Appeal

from a judgment of the Supreme Court at Special Term, entered July 7, 1969 in Saratoga County, which dismissed carrier’s petition for a stay of arbitration. On August 5, 1965 Harold O’Neal was motoring on an access road leading to a major highway in Maryland when he struck two boys lying on the pavement, or their prone bodies, one of which was claimant’s decedent. An investigating officer reported that “ there is a strong possibility that bodies were run over before and/or after by another vehicle or vehicles”. At the time there was in force an insurance policy, containing an…