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


41 Misc.2d 1029 (1964)

In the Matter of Motor Vehicle Accident Indemnification Corporation, Petitioner, v. Giuseppe Oppedisano, Respondent.

Supreme Court, Special Term, Nassau County.

January 30, 1964


Attorney(s) appearing for the Case

Rivkin & Leff for petitioner. Morris S. Feldman for respondent.


MARIO PITTONI, J.

After hearing the testimony herein, I find that the claimant was actually in contact with his car when the hit and run vehicle smashed into the claimant's vehicle, knocked him down and injured him. Thus, he may not have been "in" the vehicle at the time of impact, but he was "upon" it. Be that as it may, it does not seem within the declaration of purpose of the Motor Vehicle Accident Indemnification Corporation Law to exclude him, under...

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