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TORRES v. O'KEEFE

35 Misc.2d 347 (1962)

Angel Torres, Jr., an Infant, by Angel Torres, Sr., His Guardian ad Litem, et al., Respondents, v. John D. O'Keefe et al., Appellants.

Supreme Court, Appellate Term, First Department.

June 14, 1962

Attorney(s) appearing for the Case

Watters & Donovan (Patrick J. Hughes of counsel), for defendant and Motor Vehicle Accident Indemnification Corporation. Cohen, Friedman, Goldstein & Raphael (Edward I. Friedman of counsel), for respondents.

Concur — HECHT, J. P., HOFSTADTER and TILZER, JJ.

Per Curiam.

It appears from the record that the infant plaintiff was the only person with personal knowledge of the facts of the accident whose affidavit was before the court below. Thus, the court below had only one version of the alleged negligence. In view of the unique position in which the Motor Vehicle Accident Indemnification Corporation (hereinafter referred to as MVAIC) finds itself in defending an action...

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