MATTER OF MURINO


29 A.D.2d 936 (1968)

In the Matter of the Arbitration between Louise Murino, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant; Empire Mutual Insurance Company, Respondent

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

April 25, 1968


Order entered on December 15, 1967, unanimously reversed, on the law and the facts, with $30 costs and disbursements to respondent-appellant against respondent-respondent, the matter is remanded to Special Term for a hearing to determine whether the disclaimer by respondent-respondent was valid, and the arbitration is stayed pending such determination.

Sufficient controversy exists concerning the time of receipt of notice of the accident by the insurer to preclude...

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