Urena v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

Urena v. Motor Vehicle Accident Indemnification Corp.

42 A.D.2d 888, 347 N.Y.S.2d 931, 1973 N.Y. App. Div. LEXIS 3595

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

DecidedSeptember 13, 1973

StatusPublished

Cited by1 cases

This text of 42 A.D.2d 888 (Urena 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

Urena v. Motor Vehicle Accident Indemnification Corp., 42 A.D.2d 888, 347 N.Y.S.2d 931, 1973 N.Y. App. Div. LEXIS 3595 (N.Y. Ct. App. 1973).

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Opinion

Order, Supreme Court, New York County, entered on September 18, 1972, unanimously reversed, on the law and the facts, and the motion denied, without costs and without disbursements. The application is for leave to sue MVAIC pursuant to section 618 of the Insurance Law. Petitioner was sitting on the trunk of an automobile as far as appears without the invitation or knowledge of the driver. The automobile pulled away from the curb and petitioner fell off. This is not a “hit and run” within the contemplation of the statute (Flores v. MVAIC, N. Y. L. J., July 30, 1963, p. 7, col. 5). Concur — Stevens, P. J., Murphy, Lane, Steuer and Tilzer, JJ.

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Order, Supreme Court, New York County, entered on September 18, 1972, unanimously reversed, on the law and the facts, and the motion denied, without costs and without disbursements. The application is for leave to sue MVAIC pursuant to section 618 of the Insurance Law. Petitioner was sitting on the trunk of an automobile as far as appears without the invitation or knowledge of the driver. The automobile pulled away from the curb and petitioner fell off. This is not a “hit and run” within the contemplation of the statute (Flores v. MVAIC, N. Y. L. J., July 30, 1963, p. 7, col. 5). Concur — Stevens, P. J., Murphy, Lane, Steuer and Tilzer, JJ.

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Bluebook (online)

42 A.D.2d 888, 347 N.Y.S.2d 931, 1973 N.Y. App. Div. LEXIS 3595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/urena-v-motor-vehicle-accident-indemnification-corp-nyappdiv-1973.

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