MATTER OF ARBITRATION BETWEEN HANAVAN & MVAIC


60 Misc.2d 407 (1969)

In the Matter of the Arbitration between Helen R. Hanavan, Claimant, and Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Erie County.

May 13, 1969


Attorney(s) appearing for the Case

Callahan, Stiemke & McKenna (John J. Callahan of counsel), for claimant. Schaus & Schaus (Maynard Schaus of counsel), for respondent.


CHARLES J. GAUGHAN, J.

This is an application by respondent pursuant to CPLR 7503 (subd. [c]) for an order permanently staying arbitration of the claim herein on the grounds:

1. That the protection afforded by article 17-A of the Insurance Law does not extend MVAIC coverage to the accident in question;

2. that the accident did not involve a hit-and-run or unidentified motor vehicle;

3. that claimant has failed to exercise reasonable...

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