MATTER OF PAGAN v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


43 A.D.2d 671 (1973)

In the Matter of Maria Pagan, as Administratrix of The Estate of Pedro Pagan, Deceased, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Respondent. (Proceeding No. 1.) Cosmopolitan Mutual Insurance Company, Appellant, v. Maria Pagan, as Administratrix of The Estate of Pedro Pagan, Deceased, et al., Respondents. (Proceeding No. 2.)

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

December 4, 1973


Petitioner-appellant shall recover of respondent MVAIC $40 costs and disbursements of this appeal. Arbitration between Mrs. Pagan and Cosmopolitan is permanently stayed and Mrs. Pagan's motion for leave to sue MVAIC is granted. The trial court's finding that the cancellation of the insurance policy was ineffectual for failure on the part of the carrier to comply with the provisions of section 576 of the Banking Law is contrary to the evidence. The record clearly establishes...

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