Legal Opinion

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

New York Supreme Court

Decided December 27, 1966PublishedCited by 9 opinions

1Opinion of the CourtMurray T. Feiden, J.

This is a motion by claimant-respondent for leave to reargue the granting, on technical grounds, of an application by respondent MVAIC to stay arbitration. Both sides have advised the court that they are not concerned with the technical issue and desire a determination on the merits. Accordingly, leave to reargue is granted.

The motion presents a question of law of first impression. The undisputed facts are as follows: On February 19, 1964, the claimant’s intestate, a New York City Department of Sanitation employee, while in the performance of his duties, was killed by an uninsured automobile.…

2Cases cited2 opinions

  1. Matter of Ryan v. . City of New YorkNew York Court of Appeals · 1920
  2. Frye v. United StatesDistrict Court, District of Columbia · 1947

3Cited by9 opinions

  1. In Re the Arbitration Between Lloyd & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1969
  2. Morgan v. District of ColumbiaDistrict of Columbia Court of Appeals · 1982
  3. Dixon v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  4. Gordon v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1976
  5. Rodriguez v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1967

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