Maldonado v. Nu Way Fuel Oil Burners, Inc.

In an automobile negligence action to recover damages for personal injuries, etc., the defendant Nu Way Fuel Oil Burners, Inc., appeals from an order of the Supreme Court, Kings County (Levine J.), dated April 9, 1986, which denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that the cause of action had been determined by prior arbitration and award, and failed to rule on the plaintiffs’ cross motion to join the Motor Vehicle Accident Indemnification Corporation as a party to the action.

Ordered that the order is reversed, on the law, with costs, the motion…