MATTER OF NASELLO


30 A.D.2d 1041 (1968)

In the Matter of the Arbitration between Louis Nasello et al., Respondents and Motor Vehicle Accident Indemnification Corporation, Appellant

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

October 31, 1968


Order unanimously reversed, without costs, and motion to stay arbitration permanently granted, as a matter of law.

Memorandum:

The accident occurred December 16, 1965 when the Cantor automobile and the Mamroe automobile collided. Petitioners were passengers in the Cantor vehicle. They negotiated for awhile with Cantor's insurance carrier, unsuccessfully; but did nothing to ascertain the insurance status of Mamroe until August 26, 1966 when they issued a summons...

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