MATTER OF KUHN


31 A.D.2d 707 (1968)

In the Matter of the Arbitration between Jean M. Kuhn, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

December 27, 1968


REYNOLDS, J.

The sole point remaining here on appeal is whether in the present posture of this case a preliminary trial prior to arbitration is required as to whether the vehicle in which claimant was a passenger was an uninsured automobile. All that the record contains is a sworn allegation of claimant in her Notice of Intention to make claim that the vehicle was, in fact, an uninsured automobile. The appellant offered nothing to contradict this allegation...

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