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  5. 17 N.Y.2d 76 (1966)
 

MATTER OF DE LUCA (MVAIC)

17 N.Y.2d 76 (1966)

In the Matter of the Arbitration between Theodore De Luca, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant. In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Appellant and Mary E. Bradanese et al., Respondents.

Court of Appeals of the State of New York.

Decided February 24, 1966.

Attorney(s) appearing for the Case

William C. Mattison and Thomas Grimes for appellant in the first above-entitled proceeding.

William C. Mattison and Thomas Grimes for appellant in the second above-entitled proceeding.

No appearance for respondent in the first above-entitled proceeding.

Arthur Moskoff for respondents in the second above-entitled proceeding.

In each of the above-entitled proceedings: Judges BURKE, BERGAN and KEATING concur with Judge FULD; Chief Judge DESMOND dissents and votes to reverse the order and to grant the stay of arbitration in an opinion in which Judges VAN VOORHIS and SCILEPPI concur.

FULD, J.

These two cases arise out of automobile accidents which occurred in 1960. In each, the claimant, who carried automobile liability insurance, was struck and injured by a motorist driving an uninsured automobile. As required by the MVAIC endorsement to his policy, he promptly filed a claim with MVAIC for his injuries. He did not, however, serve a demand for arbitration until 1964. MVAIC moved to prevent...

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