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

Appellate Division of the Supreme Court of New York

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

32 A.D.2d 771, 301 N.Y.S.2d 693, 1969 N.Y. App. Div. LEXIS 3601

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

DecidedJune 26, 1969

StatusPublished

Cited by2 cases

This text of 32 A.D.2d 771 (In re the Arbitration between Medica & 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.

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In re the Arbitration between Medica & Motor Vehicle Accident Indemnification Corp., 32 A.D.2d 771, 301 N.Y.S.2d 693, 1969 N.Y. App. Div. LEXIS 3601 (N.Y. Ct. App. 1969).

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Opinion

Order and judgment, entered January 7, 1969, which denied after trial the application of appellant MVAIC for an order staying arbitration and which adjudged that the claimant-respondent had complied with the conditions of the New York Motor Vehicle Accident Indemnification Indorsement, unanimously reversed, on the law and facts, without costs or disbursements to either party, the petition granted and claimant permanently stayed from proceeding to arbitration. Claimant seeks damages for injuries claimed to have been sustained when her automobile was allegedly involved in an accident with a “hit-and-run” automobile. She did not report the incident to the police until some 64 hours after the occurrence. The evidence at the hearing failed to establish that the delay beyond the 24 hour reporting period required by section 608 of the Insur[772]*772anee Law was excusable and that report had been made as soon as was reasonably possible in the circumstances. (Matter of Ithier v. MVAIC, 31 A D 2d 616.) Concur — Eager, J. P., Capozzoli, Tilzer, Nunez and Steuer, JJ.

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Order and judgment, entered January 7, 1969, which denied after trial the application of appellant MVAIC for an order staying arbitration and which adjudged that the claimant-respondent had complied with the conditions of the New York Motor Vehicle Accident Indemnification Indorsement, unanimously reversed, on the law and facts, without costs or disbursements to either party, the petition granted and claimant permanently stayed from proceeding to arbitration. Claimant seeks damages for injuries claimed to have been sustained when her automobile was allegedly involved in an accident with a “hit-and-run” automobile. She did not report the incident to the police until some 64 hours after the occurrence. The evidence at the hearing failed to establish that the delay beyond the 24 hour reporting period required by section 608 of the Insur[772]*772anee Law was excusable and that report had been made as soon as was reasonably possible in the circumstances. (Matter of Ithier v. MVAIC, 31 A D 2d 616.) Concur — Eager, J. P., Capozzoli, Tilzer, Nunez and Steuer, JJ.

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32 A.D.2d 771, 301 N.Y.S.2d 693, 1969 N.Y. App. Div. LEXIS 3601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-medica-motor-vehicle-accident-nyappdiv-1969.

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