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

Order unanimously reversed and motion granted, without costs. Memorandum: MVAIC appeals from a denial of its motion to stay arbitration. Although the notice of claim was not filed until two years after the date of the accident, Special Term held that the filing was “as soon as *638practicable ” and therefore timely. The only opposition to the application to stay arbitration is the affidavit of the petitioners-respondents’ substituted attorney which states that the first effort to ascertain whether there was insurance was made 20 months after the happening of the accident. No affidavit by the…