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  5. 16 A.D.2d 1003 (1962)
 

MATTER OF HOLMES v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

16 A.D.2d 1003 (1962)

In the Matter of William H. Holmes, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 21, 1962

On December 5, 1960 respondent, then age 83, while crossing a street near his home sustained injuries when struck by a motor vehicle as a result of which he was hospitalized continuously for a period of 9 months. On February 11, 1961 one Joseph G. Cooke, a fellow attorney and friend of respondent, caused a summons to be served on the motorist. There was no response to the summons and on March 4, 1961 Cooke discovered that the motorist...

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