Kaye v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

Kaye v. Motor Vehicle Accident Indemnification Corp.

27 A.D.2d 935, 280 N.Y.S.2d 911, 1967 N.Y. App. Div. LEXIS 4518

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

DecidedApril 3, 1967

StatusPublished

This text of 27 A.D.2d 935 (Kaye v. 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

Kaye v. Motor Vehicle Accident Indemnification Corp., 27 A.D.2d 935, 280 N.Y.S.2d 911, 1967 N.Y. App. Div. LEXIS 4518 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order of the Supreme Court, Nassau County, dated March 24, 1966, which denied a motion by MVAIC for a stay of arbitration, reversed, with costs, and motion granted. In our opinion, MVAIC is entitled to a trial by the court with respect to the validity of the disclaimer by the insurer, whether the disclaimer was based on grounds in existence either before or after the accident in issue (Matter of MV AIC [Malone], 16 N Y 2d 1027, 1029; Matter of Carlos [MV AIC], 17 N Y 2d 614; MV AIC v. National Grange Mut. Ins. Co., 19 N Y 2d 115). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Order of the Supreme Court, Nassau County, dated March 24, 1966, which denied a motion by MVAIC for a stay of arbitration, reversed, with costs, and motion granted. In our opinion, MVAIC is entitled to a trial by the court with respect to the validity of the disclaimer by the insurer, whether the disclaimer was based on grounds in existence either before or after the accident in issue (Matter of MV AIC [Malone], 16 N Y 2d 1027, 1029; Matter of Carlos [MV AIC], 17 N Y 2d 614; MV AIC v. National Grange Mut. Ins. Co., 19 N Y 2d 115). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

27 A.D.2d 935, 280 N.Y.S.2d 911, 1967 N.Y. App. Div. LEXIS 4518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaye-v-motor-vehicle-accident-indemnification-corp-nyappdiv-1967.