71 A.D.2d 1004 | N.Y. App. Div. | 1979
In a proceeding to stay arbitration of a no-fault insurance claim, the appeal is from a judgment of the Supreme Court, Kings County, dated March 13, 1979, which granted petitioner’s application to permanently stay arbitration. Judgment affirmed, with $50 costs and disbursements. The appellant was injured when, in the course of his duties as a bus driver, he was stabbed by a passenger whom he refused to discharge from the bus at a location other than a designated bus stop. In an effort to collect first-party no-fault insurance benefits, the appellant demanded arbitration. He appeals from a judgment which permanently stayed arbitration of his no-fault claim. First-party no-fault benefits are available to "reimburse a person for basic economic loss on account of personal injury arising out of the use or operation of a motor vehicle” (Insurance Law, § 671, subd 2). At issue is whether the appellant was injured as a result of the "use or operation” of a motor vehicle. There is no question that the use of a bus entails the discharge of passengers at designated locations, and that the