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

Appellate Division of the Supreme Court of New York

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

31 A.D.2d 534, 295 N.Y.S.2d 213, 1968 N.Y. App. Div. LEXIS 2809

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

DecidedNovember 26, 1968

StatusPublished

This text of 31 A.D.2d 534 (In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & May) 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 Motor Vehicle Accident Indemnification Corp. & May, 31 A.D.2d 534, 295 N.Y.S.2d 213, 1968 N.Y. App. Div. LEXIS 2809 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order entered December 20, 1967, herein appealed from, unanimously reversed on the law, with costs and disbursements to abide the event, and the motion for a stay granted pending a preliminary hearing. On the facts stated there is a substantial question raised regarding operation and control of the vehicle allegedly involved in the accident. A preliminary hearing should be held to judicially determine such issue of operation and control (Matter of MVAIC [Malone], 16 N Y 2d 1027; Matter of Harris [MVAIC], 25 A D 2d 634). Respondent, in fact, consents to a stay for such purpose. Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.

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Order entered December 20, 1967, herein appealed from, unanimously reversed on the law, with costs and disbursements to abide the event, and the motion for a stay granted pending a preliminary hearing. On the facts stated there is a substantial question raised regarding operation and control of the vehicle allegedly involved in the accident. A preliminary hearing should be held to judicially determine such issue of operation and control (Matter of MVAIC [Malone], 16 N Y 2d 1027; Matter of Harris [MVAIC], 25 A D 2d 634). Respondent, in fact, consents to a stay for such purpose. Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.

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Bluebook (online)

31 A.D.2d 534, 295 N.Y.S.2d 213, 1968 N.Y. App. Div. LEXIS 2809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-motor-vehicle-accident-indemnification-corp-nyappdiv-1968.