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MATTER BERNARD WEINSTEIN v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION (06/11/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


June 11, 1968

IN THE MATTER OF BERNARD WEINSTEIN, RESPONDENT,
v.
MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, APPELLANT

Concur -- Botein, P. J., Stevens, Eager, Steuer, and Tilzer, JJ.

Upon the affidavits presented on the application the court is in no position to evaluate the situation and satisfactorily determine whether in compliance with the statutory mandate a proper report of the "hit-and-run" accident had in fact been made to the police or to a peace officer. (Insurance Law, § 608, subd. [b]; § 618; Matter of Malitz v. MVAIC, 17 A.D.2d 108.)

Disposition

Order, entered December 12, 1967, granting leave to respondent to sue appellant Motor Vehicle Accident Indemnification Corporation, unanimously reversed, on the law and on the facts, with $30 costs and disbursements to abide the event, and the matter remanded to Special Term for a hearing.

19680611

© 1998 VersusLaw Inc.



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