MATTER OF GIBSON


45 A.D.2d 678 (1974)

In the Matter of the Arbitration between John J. Gibson, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

June 4, 1974


The framed issue as to whether the report to the police was timely made appeared on the Trial Calendar for the first time on February 13, 1973, and respondent MVAIC failed to appear. On motion to vacate its default, respondent asserts inadvertent clerical error and points out the meritorious nature of the framed issue as demonstrated by the prior order of the court. The trial court, in denying the motion, did not delineate its rationale or make any finding. Under these circumstances...

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