SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
May 12, 1969
IN THE MATTER OF DENNIS G. MARESCA, RESPONDENT,
MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, APPELLANT
Appeal by Motor Vehicle Accident Indemnification Corporation [MVAIC] from an order of the Supreme Court, Kings County, dated October 16, 1968, which referred to a Special Referee, to hear and determine, petitioner's motion for leave to renew his previously denied motion for leave to sue said MVAIC for injuries allegedly received by him when struck by a "hit and run" driver.
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.
On this record, we believe the motion should have been denied outright; and Special Term's failure to so determine the motion was an improvident exercise of discretion.
Order reversed, on the law and the facts, without costs, and motion denied.
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