MATTER OF MVAI CORP. (McDONNELL)


40 Misc.2d 657 (1963)

In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Petitioner, and Robert McDonnell, as Administrator of The Estate of Thomas J. McDonnell, Deceased, Respondent.

Supreme Court, Special Term, Nassau County.

September 16, 1963


Attorney(s) appearing for the Case

Friedlander & Gaines for petitioner. Kramer & Dillof for respondent.


DANIEL G. ALBERT, J.

This is an application to stay arbitration on the ground that the proceeding is barred by failure of the respondent to move to compel arbitration within two years from the date of death of respondent's intestate (Civ. Prac. Act, § 1458-a).

On January 5, 1961, the respondent's brother and intestate died as a result of injuries sustained the same day in a motor vehicle accident with an alleged uninsured motorist. At the...

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