Motor Vehicle Acc. Indemnification Corp., Application of

Decision Date17 May 1962
Citation11 N.Y.2d 995,229 N.Y.S.2d 745
Parties, 183 N.E.2d 758 Application of MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant, For an Order Staying Certain Arbitration Attempted to be held by Martin J. DOWNEY, Respondent, Before the Accident Claims Arbitration Tribunal of the American Arbitration Association.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department.

The Motor Vehicle Accident Indemnification Corporation, petitioner, made a motion pursuant to Section 1458 of the Civil Practice Act for a stay of arbitration demanded by the respondent, on ground that there had been no physical contact between automobile which respondent had been driving and alleged hit-and-run automobile which allegedly caused the accident resulting in the alleged injuries of the respondent.

The Supreme Court, Special Term, New York County, denied the petitioner's motion, and the petitioner appealed.

The Appellate Division affirmed the order of the Special Term.

The petitioner appealed to the Court of Appeals, contending that issue as to whether there was physical contact between the automobile of the respondent and the alleged 'hit-and-run' automobile was not referable to arbitration under automobile accident indemnification endorsement.

Robert G. Sheller, New York City (Jerome Schlapik, New York City, of counsel), for appellant.

Richard A. Kerner, New York City, for respondent.

Order reversed, without costs, and the matter remitted to Special Term for further proceedings in accordance with the opinion in Matter of Rosenbaum, 11 N.Y.2d 310, 229 N.Y.S.2d 375, 183 N.E.2d 667, decided herewith.

All concur except DYE, FULD and FROESSEL, JJ., who dissent and vote to affirm upon the dissenting opinion in Matter of Rosenbaum, decided herewith.

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13 cases
  • DeLuca v. Motor Vehicle Acc. Indemnification Corp.
    • United States
    • New York Court of Appeals Court of Appeals
    • February 24, 1966
    ...(see Matter of Rosenbaum (American Sur. Co. of N.Y.), 11 N.Y.2d 310, 229 N.Y.S.2d 375, 183 N.E.2d 667; Matter of Motor Vehicle Accident Indemnification Corp. (Downey), 11 N.Y.2d 995, 229 N.Y.S2d 745, 183 N.E.2d 758) but with language of statutory origin, language which the Legislature manda......
  • Frager v. Pennsylvania General Ins. Co.
    • United States
    • Connecticut Supreme Court
    • June 26, 1967
    ...Accident & Indemnity Co. v. Travelers Ins. Co., 25 Conn.Sup. 414, 417, 206 A.2d 847; Matter of Motor Vehicle Accident Indemnification Corporation (Downey), 11 N.Y.2d 995, 229 N.Y.S.2d 745, 183 N.E.2d 758; Matter of Rosenbaum (American Surety Co. of New York), 11 N.Y.2d 310, 313, 229 N.Y.S.2......
  • Fazio v. Employers' Liability Assur. Corp.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • April 3, 1964
    ... ... against Uninsured Motorists' in a Massachusetts motor vehicle liability policy issued by the defendant to the ... Matter of Motor Vehicle Acc. Indemnification Corp. (Downey) 11 N.Y.2d 995, 229 ... 3 's 12. (a) Upon application of a party, the court shall vacate an award if: * * * (3) ... ...
  • Napolitano v. Motor Vehicle Acc. Indemnification Corp.
    • United States
    • New York Court of Appeals Court of Appeals
    • December 29, 1967
    ... ...         Special Term denied MVAIC's application holding, Inter alia, that there was no threshold question for the court to decide since the resolution of the issue presented by the conflicting contentions of the parties was within the province of the arbitrator ...         The Appellate Division affirmed ...         The lower ... ...
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