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MATTER OF MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

21 A.D.2d 685 (1964)

In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Appellant, and Robert A. McKelvey, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1964

Order reversed, without costs; respondent's motion denied; verdict reinstated, and proceeding remitted to the Special Term for further action not inconsistent herewith.

In our opinion, under all the circumstances, a jury question was fairly presented as to whether contact had occurred between the respondent's vehicle and an unknown vehicle; hence, it was an abuse of discretion to set aside the jury...

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