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MTR. OF HIGHSMITH (MVAIC)

31 A.D.2d 424 (1969)

In the Matter of the Arbitration between Josephine Highsmith, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

April 3, 1969.

Attorney(s) appearing for the Case

Miles, Cochrane, Grosse, Rossetti & Lord (Victor R. Rossetti of counsel), for appellant.

Miserendino, Krull & Foley (Samuel R. Miserendino of counsel), for respondent.

GOLDMAN, P. J., GABRIELLI, MOULE and BASTOW, JJ., concur.

WITMER, J.

MVAIC appeals from an order denying its motion for stay of arbitration pending trial of an issue of fact. The order was made upon affidavits submitted upon the motion, and the court's action was in the nature of a grant of summary judgment (McGuinness v. MVAIC, 18 A.D.2d 1100). Summary judgment, of course, can only be granted when no substantial issue of fact exists. On an application by MVAIC for...

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