MATTER OF MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


38 A.D.2d 813 (1972)

In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Appellant, and Luis Cuevas et al., Respondents

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

February 17, 1972


Respondents shall recover of appellant $30 costs and disbursements of this appeal.

Special Term erred in finding that "this proceeding was sought to be commenced by service by ordinary mail on the claimants and their counsel" and, in concluding, based on such finding, that there was a failure to comply with the requirements of CPLR 7503 (subd. [c]). The record demonstrates that service of the motion to stay arbitration was made upon both claimants by certified mail...

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