MATTER OF PORTNOY


40 A.D.2d 598 (1972)

In the Matter of the Arbitration between Milton Portnoy, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

September 26, 1972


The burden was on the claimant to show that the automobile involved in the accident was an uninsured vehicle. The only evidence to establish this was a letter from the purported insurer denying coverage. The admission of the letter into evidence was plainly error, and without it the right to arbitrate was not...

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