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MATTER OF LAKIN

23 A.D.2d 488 (1965)

In the Matter of the Arbitration between Jack Lakin, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

January 26, 1965

Order, entered on May 20, 1964, vacating stay of arbitration contained in order entered on December 2, 1963, unanimously reversed, on the law, and a new trial directed of the framed issue, "Was there physical contact between petitioner and a hit and run car on April 6, 1962?" with $50 costs to abide the event.

On this record petitioner's credibility was in issue, and the direction of a verdict in his favor therefore unwarranted (Matter of Rosen [MVAIC],

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