Majority
p. 534(November 26, 1968) In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Appellant, and Saul May, Respondent.
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 MVAIC [Malone], 16 N Y 2d 1027 ; Matter of Harris [MVAIC], 25 A D 2d 634 ). Respondent, in fact, consents to a stay for such purpose. Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.