Home Mutual Insurance v. Marlin

In'a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from a judgment of the Supreme Court, Westchester County (Walsh, J.), dated January 6, 1981, which, after a hearing, inter alia, denied the application and granted permission to the respondent to proceed to arbitration. Judgment affirmed, with costs. On June 14, 1979 respondent was struck by a vehicle and sustained bodily injuries as he was exiting from the school where he was employed. He was unable to identify the type of vehicle which had hit him, since he had suffered a period of amnesia. The school…