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Matter of Motor Vehicle Acc. Indemnification Corp.

Supreme Court, Special Term, Kings County
Feb 7, 1964
42 Misc. 2d 790 (N.Y. Sup. Ct. 1964)

Opinion

February 7, 1964

Hogan Kelleher for petitioner.

Matthias S. Sternberg for respondent.


Motion granted on the authority of Matter of MVAIC ( Lucash) ( 16 A.D.2d 975).

There is a conflict of authority between the First and Second Departments of the Appellate Division on the question of whether a stay of arbitration should be granted in a case where a person who has invoked arbitration has not complied with certain conditions stated in the "Accident Indemnification Endorsement". (No. 3 of "Conditions" is entitled "Notice and Proof of Claim" and requires a claimant to give details of his claim, and to submit to physical examinations.)

In Matter of MVAIC ( McCabe) ( 19 A.D.2d 349 [1st Dept.]), it was held that a claimant's failure to submit to an examination did not warrant a stay. In Matter of MVAIC ( Lucash) ( supra, [2d Dept.]) arbitration was stayed "To enable the respondent to comply with his obligation under the indorsement to submit to examination" ( 16 A.D.2d 975, 976). This court is obliged to follow the Second Department decision.

The court has considered petitioner's attorney's contention that MVAIC had to move for a stay within 10 days after service of the demand for arbitration. The statute (CPLR 7503, subd. [c]) and the cases, say that the notice of intention to arbitrate must contain a statement that the party served has 10 days to stay arbitration or be precluded from raising the objections that could warrant a stay. (See Matter of Porteck [ MVAIC], 19 A.D.2d 802. )


Summaries of

Matter of Motor Vehicle Acc. Indemnification Corp.

Supreme Court, Special Term, Kings County
Feb 7, 1964
42 Misc. 2d 790 (N.Y. Sup. Ct. 1964)
Case details for

Matter of Motor Vehicle Acc. Indemnification Corp.

Case Details

Full title:In the Matter of the Arbitration between MOTOR VEHICLE ACCIDENT…

Court:Supreme Court, Special Term, Kings County

Date published: Feb 7, 1964

Citations

42 Misc. 2d 790 (N.Y. Sup. Ct. 1964)
249 N.Y.S.2d 588