In the Matter of Arbitration Between Jeanette Rosenbaum, as Executrix of Samuel Rosenbaum, Deceased, Appellant, and…

Summary

The Court held that the uninsured‑motorist endorsement limited arbitration to disputes over entitlement to recover damages and the amount, not to the preliminary question of whether the motorist was uninsured, and therefore ordered a jury trial on that issue. The appellate order compelling arbitration was reversed and the Special Term order reinstated. Justice Dye dissented, arguing that the arbitration clause covered the entire dispute and should be enforced.