MATTER OF YERKS


32 A.D.2d 746 (1969)

In the Matter of the Arbitration between William Yerks, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

June 3, 1969


Judgment entered November 20, 1968, dissolving an earlier stay of arbitration and directing the parties to proceed to arbitration, affirmed, with $30 costs and disbursements to the respondent.

Whether there had been physical contact with an unknown vehicle at the time of the accident involving the claimant was a question of fact for the Trial Judge. The claimant and one Louis Collina, a disinterested witness, both testified unequivocally that there was physical contact...

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