In re the Arbitration between Powers & Continental Insurance

Memorandum by the Court. Appeal from an order of the Supreme Court which denied carrier’s application for a stay of arbitration. The petition asserts (par. “ 9 ”) that the owner and operator of the automobile which struck claimants’ vehicle are known, they being, in fact, the defendants in an action brought by claimants, alleging that defendants’ vehicle was struck by an unidentified car and propelled into their automobile; and consequently that a hit-and-run automobile, as defined in the policy issued by petitioner, is not involved. This contention is without merit. (Motor Vehicle Acc. Ind.…