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

Respondent commenced arbitration proceedings against Motor Vehicle Accident Indemnification Corporation pursuant to the provisions of the so-called New York MVAIC Endorsement.

Petitioner moved for an order vacating a demand for arbitration on the ground that respondent failed to comply with the condition of the New York Automobile Accident Indemnification Endorsement, which called for written notice of claim within the time allowed therefor, or, in the alternative, for an order directing a hearing of the issue of timely written notice of claim to the MVAIC and to stay the arbitration demanded…