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BENJAMIN v. COLON

35 Misc.2d 186 (1962)

Isadore Benjamin, Respondent, v. Pedro A. Colon, Defendant; and Motor Vehicle Accident Indemnification Corporation on Behalf of Pedro A. Colon, Appellant.

Supreme Court, Appellate Term, Second Department.

June 18, 1962

Attorney(s) appearing for the Case

Evans, Orr, Gourlay & Pacelli (William F. Laffan, Jr., of counsel), for appellant. Maley M. Cohen for respondent.

DI GIOVANNA and GULOTTA, JJ., concur; BENJAMIN, J., taking no part.

Per Curiam.

The City Court of the City of New York lacks jurisdiction to entertain an application for leave to serve a late notice of claim upon the Motor Vehicle Accident Indemnification Corporation (Insurance Law, § 608, subd. [c]; cf. Meier v. City of New York, 199 Misc. 305, where a like result was reached with respect to similar language in General Municipal Law...

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