Legal Opinion
In re the Arbitration between Mailman & Motor Vehicle Accident Indemnification Corp.
New York Supreme Court
Decided August 10, 1962PublishedCited by 3 opinions
1Opinion of the Court
James A. Roe, Jr., J.
The Motor Vehicle Accident Indemnification Corporation, called MVAIC, moves to vacate the demand for arbitration served upon it by Ben Mailman, in which he claims $10,000 for personal injuries sustained by him on August 5,1961, when the automobile he was operating was struck by an automobile operated by Howard Moyer, whose insurance carrier disclaimed liability. The application is made solely on the ground that prior to the service of the demand involved the claimant instituted an action against Moyer and others, based upon the same claim, and that thereby he has waived…
2Cases cited5 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Newburger v. LubellNew York Court of Appeals · 1931
- Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
- Oklahoma Publishing Co. v. Parsons & Whittemore, Inc.Appellate Division of the Supreme Court of the State of New York · 1938
- In re the Arbitration between Di Stefano & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1962
3Cited by3 opinions
- In re the Arbitration between Alston & Amalgamated Mutual Casualty Co.New York Supreme Court · 1967
- In re the Arbitration between Allcity Insurance & Di NotoNew York Supreme Court · 1975
- Universal Underwriters Insurance v. ShuffOhio Supreme Court · 1981