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In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. CARMINE DONOFRIO et al., Respondents.

Order modified, on the law, by deleting therefrom the award of $1,000 costs and substituting therefor a provision awarding costs to respondents. As so modified, order affirmed, with costs to respondents.

The evidence at trial established that respondents were involved in a multivehicle accident in which one of the other automobiles was uninsured. Consequently, the proceeding to stay arbitration of respondents' uninsured motorist claim was properly denied (see, e.g., MVAIC v Eisenberg, 18 N.Y.2d 1).

However, the costs awarded exceed the amount provided for in CPLR articles 81 or 82. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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MATTER OF ALLSTATE INSURANCE CO. v. DONOFRIO
(Dec 9, 1985)