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

This is a motion by Arthur D. Erway and Motor Vehicle Accident Indemnification Corporation (hereinafter referred to as MVAIC) to stay the arbitration of the above-entitled matters on the ground that Arthur D. Erway is an infant without having secured permission to submit the controversies to arbitration pursuant to the requirement of section 1209 of the Civil Practice Law and Buies (formerly Civ. Prae. Act, § 1448) and on the further ground that the claimants by instituting actions at common law in the Supreme Court have waived any right to arbitration.

The three infant claimants were injured…