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MTR. OF DURANT v. MVAIC

20 A.D.2d 242 (1964)

In the Matter of Santiago Durant, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent

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

January 20, 1964.

Attorney(s) appearing for the Case

Seymour H. Metnick for appellant.

Watters & Donovan (Patrick J. Hughes of counsel), for respondent.

KLEINFELD, HILL and RABIN, JJ., concur with HOPKINS, J.; UGHETTA, Acting P. J., concurs in the dismissal of the appeal from the order of January 2, 1963, but dissents from the reversal of the order of February 20, 1963 made on reargument, and votes to affirm such order, with opinion.

HOPKINS, J.

On September 4, 1959 the petitioner was injured as the result of a collision between a motor scooter on which he was a passenger and an uninsured automobile. The motor scooter was owned and operated by his employer who was insured under a liability policy containing an automobile accident indemnification endorsement issued by the Motor Vehicle Accident Indemnification Corporation (MVAIC).

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