PLEUSS v. RONKONKOMA AUTO PARTS


48 Misc.2d 379 (1965)

James Pleuss, an Infant, by His Father and Natural Guardian, Wilbur V. Pleuss, et al., Plaintiffs, v. Ronkonkoma Auto Parts, Inc., et al., Defendants.

Supreme Court, Special Term, Suffolk County.

September 24, 1965


Attorney(s) appearing for the Case

Adelman & Fagelson for plaintiffs. Rivkin & Leff for MVAIC, defendant.


JACK STANISLAW, J.

The Motor Vehicle Accident Indemnification Corporation (MVAIC) moves to dismiss so much of the amended complaint as includes the MVAIC as a party defendant. Although the plaintiff is an infant the MVAIC insists that he is nevertheless relegated by article 17-A of the Insurance Law to an arbitration proceeding. It is the infant's contention that as an infant he cannot be compelled to submit to arbitration and, in fact, may elect to arbitrate...

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