MATTER OF DAVIS


29 A.D.2d 863 (1968)

In the Matter of the Arbitration between Sidney Davis, Appellant, and Motor Vehicle Accident Indemnification Corporation, Respondent

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

March 4, 1968


As so modified, order affirmed, without costs.

The preliminary and disputed question of the validity of the disclaimer by the tort-feasors' insurer must be tried in this Supreme Court proceeding before the parties may proceed to arbitration. The question of whether respondent is entitled to a permanent stay of arbitration as against appellant should not be determined...

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