New York City Transit Authority v. Smith

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Kings County, dated June 25, 1975, which denied its application to stay arbitration of respondent’s claim for no-fault insurance benefits as the result of an accident in which he lost control of his motorcycle, allegedly due to the failure of a city bus to yield the right of way. Order affirmed, with $50 costs and disbursements. The so-called no-fault insurance law (Insurance Law, art XVIII) excludes motorcycles from its definition of "motor vehicle” (Insurance Law, § 671, subd 6, cl [b]), thereby…