MTR. OF FITZGERALD v. M. V. A. I. CORP.


40 Misc.2d 415 (1963)

In the Matter of Thomas I. Fitzgerald, Public Administrator of the County of New York, as Administrator of The Estate of Lucy Townes, Deceased, Petitioner, v. Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Special Term, New York County.

August 1, 1963


Attorney(s) appearing for the Case

Levey, Myers, Katz & Goodman for petitioner. James F. Carroll for respondent.


IRWIN DAVIDSON, J.

This motion for an order for permission to serve a late notice of intention to make and file a claim against respondent Motor Vehicle Accident Indemnification Corporation, is granted.

The papers disclose that respondent has had notice of the intended claim for at least seven months. Since no notice could have been filed by a "qualified" person as defined by subdivision b of section...

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