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Hutchinson v. Motor Vehicle Accident Indemnification Corp.

22 A.D.2d 770 Court N.Y. App. Div. Decision date 1964-11-05 English

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p. 770
David Hutchinson, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant.

Order, entered August 5, 1964, granting petitioner’s motion for an order vacating a jury demand filed by respondent, unanimously affirmed, with $30 costs and disbursements to petitioner. In so doing, we do not find it necessary to decide whether there is a constitutional right of trial by jury on the issue of the timeliness of the notice of claim, Concur — Botein, P, J., Breitel, Rabin, Yalente and McNally, JJ.