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MATTER OF MURPHY

30 A.D.2d 711 (1968)

In the Matter of the Arbitration Between William J. Murphy, Jr., as Administrator of The Estate of William J. Murphy, Sr., Deceased, Appellant, and Motor Vehicle Accident Indemnification Corporation, Respondent

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

June 5, 1968

MEMORANDUM BY THE COURT.

It has now been authoritatively determined that by "innocent" is meant "without fault", in the sense of negligence proximately causing the injury, and hence that a finding thereon is to be made by the arbitrator and not by a court as a condition precedent to arbitration. (Matter of Nagle [MVAIC], 22 N.Y.2d 165.)

Order, insofar as appealed from, modified, on the law, in accordance herewith...

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