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MTR. OF LLOYD (MVAIC)

27 A.D.2d 396 (1967)

In the Matter of the Arbitration between Dorothy Lloyd, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

May 11, 1967.

Attorney(s) appearing for the Case

James F. Carroll of counsel (Carroll & Spencer, attorneys), for appellant.

Stephen J. Masse of counsel (Austin & DuPont, attorneys), for respondent.

EAGER, J. P., STEUER and RABIN, JJ., concur; CAPOZZOLI and McNALLY, JJ., dissent in memorandum.

Per Curiam.

The sole issue involved on this appeal is whether claimant's notice of claim against MVAIC was timely filed. In the hearing held at Trial Term the determination was made that the claimant's status is that of an insured person. No appeal has been taken from that determination. As an insured person the obligation of the claimant, under Condition 3 of the Standard New York Automobile Accident Indemnification...

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