SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
June 11, 1968
IN THE MATTER OF BERNARD WEINSTEIN, RESPONDENT,
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.)
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.
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