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MTR. OF BOXILL v. MVAIC

33 A.D.2d 13 (1969)

In the Matter of Elizabeth Boxill, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent

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

October 28, 1969.

Attorney(s) appearing for the Case

Herbert J. Slater for appellant.

T. Richard Kennedy of counsel (Donovan, Donovan, Maloof & Walsh, attorneys), for respondent.

CAPOZZOLI, J. P., and McGIVERN, J., concur with MARKEWICH, J.; STEUER, J., dissents in opinion in which McNALLY, J., concurs.

MARKEWICH, J.

This appeal is taken from the order of Trial Term, entered as a judgment on May 4, 1967, whereby petitioner-appellant was permanently stayed from proceeding to arbitration against respondent-respondent after a nonjury trial ordered by Special Term on two framed issues. The issue of "physical contact between petitioner's vehicle and a hit-and-run vehicle" was resolved by Trial Term in petitioner's...

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