MATTER OF ROSEN


20 A.D.2d 704 (1964)

In the Matter of the Arbitration between Stanley Rosen, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

February 27, 1964


Order, entered on October 2, 1963, unanimously reversed and vacated on the law, without costs, and matter remanded for new trial on issue of whether or not the petitioner was involved in an automobile accident with an uninsured vehicle, as directed by order entered May 5, 1963.

It was error for the trial court to receive the petitioner's testimony that the driver of the vehicle involved in the accident made the statement that he had no insurance. Such statement by...

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