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

Judgment entered after trial before the court without a jury, based upon a finding that timely written notice was given respondent-appellant MVAIC, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion to stay arbitration permanently is granted, with $50 costs to respondent-appellant. On April 14, 1964 claimant was injured when the car he was operating was struck by another automobile which was uninsured. Claimant’s car was insured, and as a named insured he was entitled to make claim against respondent MVAIC, under the provisions of the New York…