Motor Vehicle Accident Indemnification Corp. v. Fenrich

In this proceeding instituted pursuant to the provisions of the Motor Vehicle Accident Indemnification Corporation Law (Insurance Law, art. 17-A) the petitioner moves for an order staying the arbitration requested by the respondent and dismissing the notice of claim or, in the alternative, setting the matter down for a preliminary hearing on the question of the timeliness of the filing of the notice of claim.

The basis for the relief sought by the petitioner is the failure of the respondent to file the notice of claim against the petitioner within 90 days after the happening of the alleged…