SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
November 26, 1968
IN THE MATTER OF THE ARBITRATION BETWEEN MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, APPELLANT, AND SAUL MAY, RESPONDENT
Concur -- Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.
Order entered December 20, 1967, herein appealed from, unanimously reversed on the law, with costs and disbursements to abide the event, and the motion for a stay granted pending a preliminary hearing. On the facts stated there is a substantial question raised regarding operation and control of the vehicle allegedly involved in the accident. A preliminary hearing should be held to judicially determine such issue of operation and control (Matter of MV AIC [ Malone ], 16 N.Y.2d 1027; Matter of Harris [ MV AIC ], 25 A.D.2d 634). Respondent, in fact, consents to a stay for such purpose.
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