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County of Westchester v. Winstead

Citations: 231 A.D.2d 630; 647 N.Y.S.2d 536; 1996 N.Y. App. Div. LEXIS 9471

Court: Appellate Division of the Supreme Court of the State of New York; September 23, 1996; New York; State Appellate Court

Narrative Opinion Summary

In this case, the appellate court reviewed a decision from Westchester County Supreme Court regarding a petition to permanently stay arbitration in an uninsured motorist claim. The respondent, a passenger on a county-owned bus, was injured in an accident involving an uninsured bobcat vehicle, which was used for snow plowing and landscaping. The petitioners argued that the bobcat did not qualify as a motor vehicle under the Vehicle and Traffic Law and thus should not trigger uninsured motorist coverage. However, the court concluded that the bobcat was a motor vehicle since it was powered by a diesel engine and operated on a public highway, which included the sidewalk next to where the bus had stopped. Testimonies confirmed the bobcat's operation at the accident site, leading the court to affirm the denial of the petition to stay arbitration. The court's decision upheld the respondent's right to arbitration under the uninsured motorist provision, affirming the order without costs or disbursements.

Legal Issues Addressed

Criteria for Uninsured Motorist Claim

Application: The court affirmed that the respondent was entitled to proceed with arbitration for an uninsured motorist claim as the bobcat was deemed an uninsured motor vehicle involved in the accident.

Reasoning: As the respondent's injuries stemmed from an accident involving an uninsured motor vehicle, the court appropriately denied the petition to stay arbitration.

Definition of Motor Vehicle under Vehicle and Traffic Law

Application: The court determined that a bobcat qualifies as a 'motor vehicle' because it is propelled by a diesel motor and operated on a public highway.

Reasoning: The court ruled that the bobcat was indeed a motor vehicle since it was propelled by a diesel motor and was being operated on a public highway.

Interpretation of 'Public Highway' in Vehicle and Traffic Law

Application: The court found that the sidewalk adjacent to the street where the accident occurred constituted a 'public highway' under the law.

Reasoning: A motor vehicle is defined as any vehicle driven upon a public highway and a public highway includes various public ways.