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MATTER OF ANDOLINA

23 A.D.2d 958 (1965)

In the Matter of the Arbitration between Vincent Andolina, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

May 13, 1965

Motion for reargument denied.

Memorandum:

In Matter of MVAIC (Stein) (23 A.D.2d 526) we said (p. 527), quoting from Weinstein-Korn-Miller (N. Y. Civ. Prac.): "Under section 1450 and subdivision 2 of section 1458 of the Civil Practice Act the parties to an arbitration agreement had the right to a jury trial on the issue of failure to comply with a contract to arbitrate. `Although the specific provisions of section...

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