Aetna Casualty & Surety Co. v. Smith

Order of the Supreme Court, New York County (David H. Edwards, Jr., J.), entered on May 17,1983, which dismissed the petition to stay an uninsured motorist arbitration as demanded by the respondent and directed the parties to proceed to arbitration is unanimously reversed, on the law, and the petition is reinstated and arbitration is stayed and the matter is remanded for a hearing on the issue of whether or not there was contact between the vehicle covered by the Aetna Insurance Company policy and the hit-and-run driver such as would bring the claim within the uninsured motorist indorsement…