CRESWELL v. DOE


22 A.D.2d 942 (1964)

Wilbur N. Creswell, as Administrator of The Estate of James J. Stiehle, Deceased, Appellant, v. John Doe et al., Defendants, and Motor Vehicle Accident Indemnification Corporation, Respondent

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

December 31, 1964


Order reversed, with $10 costs and disbursements; and motion to dismiss the complaint denied.

The time of the defendant MVAIC to answer the complaint is extended until 30 days after entry of the order hereon. On June 26, 1959 plaintiff's intestate was allegedly struck and killed by a hit-and-run driver. On October 31, 1961 an order was made granting plaintiff leave to sue the defendant MVAIC; and on April 30, 1962 that order was affirmed by this court (

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