In re the Arbitration between Nationwide Mutual Insurance & Holbert

On August 1, 1962, this court rendered a decision denying the application of the above-named petitioner for an order to stay arbitration under section 1458-a and 49 of the Civil Practice Act on the ground that the Statute of Limitations expired before petitioner received a demand to arbitrate. The petitioner also moved to stay arbitration proceedings on the ground that the respondents had failed to serve a verified notice of claim within 30 days pursuant to the provisions of the policy.

On the latter question, the court reserved decision pending a hearing. Such a hearing was held on August 28,…