Paige v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

Paige v. Motor Vehicle Accident Indemnification Corp.

34 A.D.2d 568, 310 N.Y.S.2d 1013, 1970 N.Y. App. Div. LEXIS 5278

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1970·Published·Cited by 1 cases

Opinion

In a proceeding pursuant to section 618 of the Insurance Law for leave to bring an action against appellant, the appeal is from an order of the Supreme Court, Kings County, dated October 7, 1969, which granted the application. Order reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing, in accordance with the views set forth below, and a new determination. The questions of fact have not been considered. We are of the opinion that triable issues of fact are presented on the questions of whether a hit and run accident occurred and whether notification was given to the Police Department within 24 hours. We express no opinion as to the merits of the issues raised by appellant. Christ, Acting P. J., Rabin, Hopkins and Brennan, JJ., concur. (Beldock, P. J., deceased).

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In a proceeding pursuant to section 618 of the Insurance Law for leave to bring an action against appellant, the appeal is from an order of the Supreme Court, Kings County, dated October 7, 1969, which granted the application. Order reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing, in accordance with the views set forth below, and a new determination. The questions of fact have not been considered. We are of the opinion that triable issues of fact are presented on the questions of whether a hit and run accident occurred and whether notification was given to the Police Department within 24 hours. We express no opinion as to the merits of the issues raised by appellant. Christ, Acting P. J., Rabin, Hopkins and Brennan, JJ., concur. (Beldock, P. J., deceased).

Paige v. Motor Vehicle Accident Indemnification Corp., 34 A.D.2d 568, 310 N.Y.S.2d 1013, 1970 N.Y. App. Div. LEXIS 5278 (N.Y. Ct. App. 1970).

Pincite

34 A.D.2d 568 (Paige v. Motor Vehicle Accident Indemnification Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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