STATE FARM MUTUAL AUTO. INS. CO. v. CARRION

Judgment, Supreme Court, New York County, entered on December 11, 1972, denying a stay of arbitration, unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. This affirmance is solely on the ground that as a matter of public policy, an insurance carrier cannot rescind automobile insurance ab initio ( Matter of Teeter v. Allstate Ins. Co., 9 A.D.2d 176, affd. 9 N.Y.2d 655).

Concur — Stevens, P.J., McGivern, Kupferman, Lane and Capozzoli, JJ.