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

Appellate Division of the Supreme Court of New York

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

30 A.D.2d 711, 292 N.Y.S.2d 182, 1968 N.Y. App. Div. LEXIS 3828

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

DecidedJune 5, 1968

StatusPublished

This text of 30 A.D.2d 711 (In re the Arbitration between Murphy & 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 Murphy & Motor Vehicle Accident Indemnification Corp., 30 A.D.2d 711, 292 N.Y.S.2d 182, 1968 N.Y. App. Div. LEXIS 3828 (N.Y. Ct. App. 1968).

Pincite

Opinion

Memorandum by the Court.

Appeal from so much of an order of the Supreme Court at Special Term as granted respondent’s motion to stay arbitration pending trial by jury of the question whether claimant’s intestate was an “innocent victim” of an accident involving an unidentified motor vehicle, within the meaning of section 600 of the Insurance Law. It has now been authoritatively determined that by “innocent” is meant “without fault”, in the sense of negligence proximately causing the injury, and hence that a finding thereon is to be made by the arbitrator and not by a court as a condition precedent to arbitration. (Matter of Nagle [MVAIC], 22 N Y 2d 165.) Order, insofar as appealed from, modified, on the law, in accordance herewith, and, as so modified, affirmed, and motion for preliminary trial of question of “ innocent victim ” status denied, with costs to appellant. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Memorandum by the Court.

Appeal from so much of an order of the Supreme Court at Special Term as granted respondent’s motion to stay arbitration pending trial by jury of the question whether claimant’s intestate was an “innocent victim” of an accident involving an unidentified motor vehicle, within the meaning of section 600 of the Insurance Law. It has now been authoritatively determined that by “innocent” is meant “without fault”, in the sense of negligence proximately causing the injury, and hence that a finding thereon is to be made by the arbitrator and not by a court as a condition precedent to arbitration. (Matter of Nagle [MVAIC], 22 N Y 2d 165.) Order, insofar as appealed from, modified, on the law, in accordance herewith, and, as so modified, affirmed, and motion for preliminary trial of question of “ innocent victim ” status denied, with costs to appellant. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Bluebook (online)

30 A.D.2d 711, 292 N.Y.S.2d 182, 1968 N.Y. App. Div. LEXIS 3828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-murphy-motor-vehicle-accident-nyappdiv-1968.