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MATTER OF MOTOR VEHICLE ACC. INDEMNIFICATION CORP.

26 Misc.2d 646 (1960)

In the Matter of the Arbitration between Dorothy G. Granese, Petitioner, and Motor Vehicle Accident Indemnification Corp., Respondent.

Supreme Court, Special Term, New York County.

July 19, 1960

Attorney(s) appearing for the Case

Leo Conrad for petitioner. Evans, Orr, Gourlay & Pacelli for respondent.

SIDNEY A. FINE, J.

One of the conditions contained in respondent's indorsement is that notice of claim be given "within 90 days or as soon as practicable". An issue as to compliance with a condition precedent is for the court, and not for the arbitrators, to decide (Matter of Board of Educ., Union Free School Dist. No. 7 [Heckler Elec. Co.], 7 N.Y.2d 476). Petitioner claims that the wording of the arbitration...

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