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MATTER OF ARBITRATION BETWEEN PHELAN & MVAIC

52 Misc.2d 341 (1966)

In the Matter of the Arbitration between Joan Phelan, Individually and as Administratrix of The Estate of John Phelan, Deceased, Claimant, and Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Special Term, Kings County.

December 27, 1966

Attorney(s) appearing for the Case

John J. Cullen for claimant. Watters & Donovan for respondent.

MURRAY T. FEIDEN, J.

This is a motion by claimant-respondent for leave to reargue the granting, on technical grounds, of an application by respondent MVAIC to stay arbitration. Both sides have advised the court that they are not concerned with the technical issue and desire a determination on the merits. Accordingly, leave to reargue is granted.

The motion presents a question of law of first impression. The undisputed facts are as follows: On...

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