SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 31, 1968
ANTHONY ROVITELLI ET AL., RESPONDENTS,
MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, APPELLANT
Appeal from judgment of Monroe Trial Term determining claim timely filed.
Bastow, P. J., Goldman, Del Vecchio, Marsh and Witmer, JJ.
Memorandum: The question of notice is a factual one which should be presented to a jury.
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.
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