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

Order entered on September 20, 1962 unanimously reversed on the law, with $20 costs and disbursements to appellant, and motion for a stay of arbitration granted, with $10 costs. Without reaching a determination of whether or not the letter of February 9, 1960 to MVAIC was effective to constitute in the first instance due notice of claim, and whether or not consequently or otherwise timely notice of respondent’s claim was given to MVAIC, we conclude that, as a matter of law, there was a failure on the part of respondent to timely furnish a written and verified proof of claim as required by the…