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

Order unanimously reversed on the law and facts, without costs of this appeal to any party, and matter remitted to Erie Special Term for further proceedings in accordance with the memorandum. Memorandum: Petitioner, Motor Vehicle Accident Indemnification Corporation (MVAIC) appeals from an order of the Supreme Court (Erie County) which denied its application to stay arbitration and to dismiss claimants’ demand therefor and determined, as a matter of law, that claimants’ claims were timely filed. The demand for arbitration was made pursuant to the provisions of a New York automobile accident…