In re the Arbitration between Country-Wide Insurance & Ihne

Judgment, Supreme Court, New York County, entered September 2, 1977, denying an application to stay arbitration, unanimously reversed, on the law, without costs and without disbursements, and the matter remanded for hearing on the issues of timeliness of notice and whether there was in fact a hit and run accident, and the stay granted, pending the determination of those issues. Respondent here was driving a borrowed automobile insured by petitioner when she lost control, jumped a street divider and collided head on with another vehicle. Respondent was hospitalized for five months after the…