
    In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Appellant, and Sheldon Post et al., Respondents.
   Order, entered on September 5, 1962, denying motion to stay arbitration, unanimously reversed on the law and the facts, with $20 costs and disbursements to appellant, and a hearing ordered. Appellant, MVAIC, moved to stay arbitration until there was determination after a hearing by the court that the accident involved contact with an uninsured vehicle. Appellant claims no such contact was involved. Special Term correctly held that such an issue requires a hearing (Matter of Rosenbaum, [American Sur. Co. of N. Y.], 11 N Y 2d 310; Matter of Motor Vehicle Acc. Ind. Corp. [Downey], 11 N Y 2d 995), but held that the affidavits did not set forth sufficient evidentiary facts to raise an issue. Where the facts are peculiarly within the knowledge of one party, a slight degree of proof is sufficient to raise an issue. Under this test, the proof submitted was ample, in fact it exceeded that submitted in Matter of Rosenbaum (supra). Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.  