Arena v. Home Indemnity Co.

In a proceeding by respondent to stay arbitration demanded by appellant under an- insurance policy issued by respondent covering appellant for *695personal injuries caused by an uninsured motorist, the appeal is from an order of the Supreme Court, Nassau County, dated April 22, 1969, which, after a hearing, granted the application. Order reversed, on the law and facts, with $10 costs and disbursements, and application denied. In our opinion, under the facts presented herein, the admissions of respondent’s representatives that no liability insurance existed on the motorcycle which allegedly caused…