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MATTER OF MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP. v. MARRERO

23 A.D.2d 782 (1965)

In the Matter of Motor Vehicle Accident Indemnification Corporation, Respondent, v. Robert Marrero, an Infant, by Carmen Marrero, His Guardian ad Litem, Appellant

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

April 19, 1965

Order affirmed, without costs.

In our opinion, the notice referred to in the statute (Insurance Law, § 613) contemplates the service upon the MVAIC of a copy of the motion papers for the settlement. Such service is a condition precedent for the court's approval of the settlement. Under the circumstances here it may not be said that the MVAIC waived such condition or is estopped from urging noncompliance therewith.

Beldock, P. J., dissents...

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