New York Supreme Court June 26, 1972 (In re Arbitration between Michigan Millers Mutual Insurance & Hilliard)

Bernard F. McCaffrey, J.

This is a motion by a liability insurance company to stay arbitration brought on by its assured, James Hilliard, and Malissie Hilliard, guardian of the infant Jerry Robinson, a passenger.

The petitioner does not dispute the right of respondents to pursue arbitration and admits that the driver of the other vehicle, Leroy Morris, was uninsured at the time of the accident.