In re the Arbitration between Byrd & Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Byrd & Motor Vehicle Accident Indemnification Corp.

31 A.D.2d 724, 297 N.Y.S.2d 34, 1968 N.Y. App. Div. LEXIS 2785

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 1968

StatusPublished

This text of 31 A.D.2d 724 (In re the Arbitration between Byrd & Motor Vehicle Accident Indemnification Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Arbitration between Byrd & Motor Vehicle Accident Indemnification Corp., 31 A.D.2d 724, 297 N.Y.S.2d 34, 1968 N.Y. App. Div. LEXIS 2785 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order unanimously reversed without costs and motion for stay of arbitration granted pending the trial of certain preliminary issues of fact in accordance with the following Memorandum. Memorandum: MVAIC appeals from denial of its motion to stay arbitration because of claimants’ failure to file their claims within 90 days or as soon as practicable. The only opposition to appellant’s motion is the affidavit of petitioners’ substituted attorney which fails completely to explain or excuse petitioners’ two-year delay in giving written notice of their claims. Such unexplained delay rendered the notices untimely. (Matter of Giles [MVAIC], 30 A D 2d 637.) (Appeal from order of Erie Special Term denying motion to vacate petitioners’ demand for arbitration.) Present — Bastow, P. J., Del Veeehio, Marsh, Witmer and Henry, JJ.

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Order unanimously reversed without costs and motion for stay of arbitration granted pending the trial of certain preliminary issues of fact in accordance with the following Memorandum. Memorandum: MVAIC appeals from denial of its motion to stay arbitration because of claimants’ failure to file their claims within 90 days or as soon as practicable. The only opposition to appellant’s motion is the affidavit of petitioners’ substituted attorney which fails completely to explain or excuse petitioners’ two-year delay in giving written notice of their claims. Such unexplained delay rendered the notices untimely. (Matter of Giles [MVAIC], 30 A D 2d 637.) (Appeal from order of Erie Special Term denying motion to vacate petitioners’ demand for arbitration.) Present — Bastow, P. J., Del Veeehio, Marsh, Witmer and Henry, JJ.

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31 A.D.2d 724, 297 N.Y.S.2d 34, 1968 N.Y. App. Div. LEXIS 2785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-byrd-motor-vehicle-accident-indemnification-nyappdiv-1968.