MALITZ v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


17 A.D.2d 108 (1962)

In the Matter of Ludwig Malitz, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

October 2, 1962.


Attorney(s) appearing for the Case

Jerome Schlapik of counsel (Morris L. Wolf with him on the brief; Robert G. Sheller, attorney), for appellant.

Stuart Edward Levison (Mort M. Horowitz with him on the brief), attorney for respondent.

BREITEL, J. P., RABIN, VALENTE, EAGER and STEUER, JJ., concur.


Per Curiam.

Claimant applied for permission to sue respondent, Motor Vehicle Accident Indemnification Corporation (herein MVAIC) on the premise that he was struck by an unidentified automobile. Respondent resisted the application on the ground that the accident had not been reported to the police within 24 hours as required by subdivision (b) of section 608 of the Insurance Law. The affidavits on the application presented a substantial issue as to whether this...

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