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

Orders, entered January 27, 1965, in a proceeding to stay arbitration, granting claimants’ motion for an examination before trial of respondent MVAIC, pursuant to CPLR 408 and 3101, on the issue of the timeliness of their notices of claim and denying respondent’s motion for a protective order are unanimously reversed, on the law and on the facts, and in the exercise of discretion, with $30 costs and disbursements to appellant, the motion for an examination before trial denied, and the motion for a protective order pursuant to CPLR 3103 granted. The only issue to be tried is whether claimants…