Motor Vehicle Accident Indemnification Corp. & Soister

Pursuant to a memorandum decision filed on March 22, 1962 the court directed that a hearing be held on the application for an order staying arbitration and dismissing the notice of claim, or in the alternative, setting the matter down for a preliminary hearing on the question of timeliness of the filing of the notice of claim against the petitioner. The application was based upon Motor Vehicle Acc. Ind. Corp. v. Brown (15 A D 2d 578). Although I do not agree with the contention of the petitioner that therein is enunciated a rule requiring a hearing in every case, nevertheless, in order to…