Stern v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

Stern v. Motor Vehicle Accident Indemnification Corp.

17 A.D.2d 919, 233 N.Y.S.2d 1, 1962 N.Y. App. Div. LEXIS 7192

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

DecidedNovember 5, 1962

StatusPublished

This text of 17 A.D.2d 919 (Stern 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

Stern v. Motor Vehicle Accident Indemnification Corp., 17 A.D.2d 919, 233 N.Y.S.2d 1, 1962 N.Y. App. Div. LEXIS 7192 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order, entered on September 1, 1961, denying the application for leave to sue the Motor Vehicle Accident Indemnification Corporation unanimously affirmed, on the law, with $20 costs and disbursements to respondent. Petitioner-appellant is an “ insured ” rather than a “ qualified person ” by virtue of his holding an automobile insurance policy issued in his name by a member insurer of the Indemnification Corporation (Insurance Law, §§ 601, 618). Consequently, the further question of whether the cause of action is within the statute is not reached (Insurance Law, § 617). Concur — Breitel, J. P., Rabin, Valente, Stevens and Steuer, JJ.

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Order, entered on September 1, 1961, denying the application for leave to sue the Motor Vehicle Accident Indemnification Corporation unanimously affirmed, on the law, with $20 costs and disbursements to respondent. Petitioner-appellant is an “ insured ” rather than a “ qualified person ” by virtue of his holding an automobile insurance policy issued in his name by a member insurer of the Indemnification Corporation (Insurance Law, §§ 601, 618). Consequently, the further question of whether the cause of action is within the statute is not reached (Insurance Law, § 617). Concur — Breitel, J. P., Rabin, Valente, Stevens and Steuer, JJ.

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Bluebook (online)

17 A.D.2d 919, 233 N.Y.S.2d 1, 1962 N.Y. App. Div. LEXIS 7192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-motor-vehicle-accident-indemnification-corp-nyappdiv-1962.