Barbato v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

Barbato v. Motor Vehicle Accident Indemnification Corp.

61 A.D.2d 981, 402 N.Y.S.2d 445, 1978 N.Y. App. Div. LEXIS 10600

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1978

StatusPublished

Cited by2 cases

This text of 61 A.D.2d 981 (Barbato v. Motor Vehicle Accident Indemnification Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barbato v. Motor Vehicle Accident Indemnification Corp., 61 A.D.2d 981, 402 N.Y.S.2d 445, 1978 N.Y. App. Div. LEXIS 10600 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a proceeding pursuant to section 618 of the Insurance Law for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the appeal is from an order of the Supreme Court, Richmond County, dated September 20, 1977, which granted the application. Order reversed, with $50 costs and disbursements, and proceeding remanded to Special Term for a hearing in accordance herewith. The conflicting versions of the accident, as given by the infant claimant and as contained in the police report, should be explored at the hearing, and the prerequisite issue of whether there had been contact with the motor vehicle should be determined (see Insurance Law, §§ 617, 618). Damiani, J. P., Titone, Suozzi and O’Connor, JJ., concur.

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In a proceeding pursuant to section 618 of the Insurance Law for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the appeal is from an order of the Supreme Court, Richmond County, dated September 20, 1977, which granted the application. Order reversed, with $50 costs and disbursements, and proceeding remanded to Special Term for a hearing in accordance herewith. The conflicting versions of the accident, as given by the infant claimant and as contained in the police report, should be explored at the hearing, and the prerequisite issue of whether there had been contact with the motor vehicle should be determined (see Insurance Law, §§ 617, 618). Damiani, J. P., Titone, Suozzi and O’Connor, JJ., concur.

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Bluebook (online)

61 A.D.2d 981, 402 N.Y.S.2d 445, 1978 N.Y. App. Div. LEXIS 10600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbato-v-motor-vehicle-accident-indemnification-corp-nyappdiv-1978.

Opinion

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