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MATTER OF MOTOR VEHICLE ACC. IND. CORP. (SCHUYLER)

37 Misc.2d 176 (1962)

In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Petitioner, and Mara Schuyler, Respondent.

Supreme Court, Special Term, Queens County.

September 26, 1962

Attorney(s) appearing for the Case

Rivkin & Leff for petitioner. Joseph A. Baum for respondent.

HAROLD TESSLER, J.

Motion by Motor Vehicle Accident Indemnification Corporation (hereinafter called MVAIC) to stay arbitration on the ground that the claimant has refused to comply with the requirement of Condition No. 3 of the Uninsured Motorists' Endorsement, which is the contract pursuant to which arbitration is sought.

Condition No. 3 requires that "The injured person shall submit to physical examination by physicians selected by MVAIC when...

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