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MTR. OF BONAVISA v. MOTOR VEH. IND. CORP.

21 Misc.2d 963 (1960)

In the Matter of Joseph Bonavisa et al., Petitioners, v. Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Special Term, New York County.

January 29, 1960.

Attorney(s) appearing for the Case

Nathan Dechter for petitioners.

Robert G. Sheller for respondent.

ARON STEUER, J.

The petition seeks permission to bring an action against the Motor Vehicle Accident Indemnification Corporation, pursuant to article 17-A of the Insurance Law. The petition is defective in two respects.

First, petitioner describes herself as a "qualified person." This is a conclusion. The words "qualified person" are defined in the statute (Insurance Law, § 601) and a petitioner must set out sufficient facts to bring him within...

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