MATTER OF BYRD


31 A.D.2d 724 (1968)

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

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

December 5, 1968


Order unanimously reversed without costs and motion for stay of arbitration granted pending the trial of certain preliminary issues of fact in accordance with the following Memorandum.

Memorandum:

MVAIC appeals from denial of its motion to stay arbitration because of claimants' failure to file their claims within 90 days or as soon as practicable. The only opposition to appellant's motion is the affidavit of petitioners' substituted attorney which fails completely...

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