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

Motion by respondent Motor Vehicle Accident Indemnification Corporation (hereinafter referred to as MVAIC) for a stay of arbitration on the ground that the claimant [petitioner] has failed to serve a demand for arbitration prior to the expiration of the Statute of Limitations.

Claimant is an “insured” person and claimant’s insurance carrier an “ insurer ” under the provisions of section 601 of the' Insurance Law. On December 27, 1959, the insured was involved in an automobile accident allegedly caused by an uninsured motorist. On May 23, 1963, she served a demand for arbitration, dated April…