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  5. 11 N.Y.2d 995 (1962)
 

MATTER OF MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

11 N.Y.2d 995 (1962)

In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Appellant, and Martin J. Downey, Respondent.

Court of Appeals of the State of New York.

Decided May 17, 1962.

Attorney(s) appearing for the Case

Jerome Schlapik and Robert G. Sheller for appellant.

Richard A. Kerner for respondent.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER. Judges DYE, FULD and FROESSEL dissent and vote to affirm upon the dissenting opinion in Matter of Rosenbaum (American Sur. Co. of N. Y.) (), decided herewith.

Order reversed, without costs, and matter remitted to Special Term for further proceedings in accordance with the opinion in Matter of Rosenbaum (American Sur. Co. of N. Y.) (11 N.Y.2d 310), decided herewith...

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