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

Order, entered on May 20, 1964, vacating stay of arbitration contained in order entered on December 2, 1963, unanimously reversed, on the law, and a new trial directed of the framed issue, “ Was there physical contact between petitioner and a hit and run car on April 6, 1962?” with $50 costs to abide the event. On this record petitioner’s credibility was in issue, and the direction of a verdict in his favor therefore unwarranted (Matter of Rosen [MVAIC], 22 A D 2d 671). It is sufficient to point to Patrolman Young’s testimony that petitioner did not tell him there was contact with the milk…