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  5. 26 A.D.2d 309 (1966)
 

MTR. OF RIEMENSCHNEIDER (MVAIC)

26 A.D.2d 309 (1966)

In the Matter of the Arbitration between Fritz Riemenschneider, as Guardian of Oscar Riemenschneider, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

October 25, 1966.

Attorney(s) appearing for the Case

Sidney Gaines of counsel (Norbert Ruttenberg and W. Harvey Mayer with him on the brief; Friedlander, Gaines & Ruttenberg, attorneys), for appellant.

Allen Redlich for respondent.

RABIN and McNALLY, JJ., concur with BOTEIN, P. J.; STEUER, J., dissents in opinion in which STEVENS, J., concurs.

BOTEIN, P. J.

Respondent was one of two passengers in an automobile owned and operated by one Valladares, when the car was struck in the rear by another automobile. Asserting that the latter vehicle was a "hit-and-run automobile" within the meaning of the New York automobile accident indemnification endorsement on Valladares' insurance policy, respondent filed a notice of claim with appellant Motor Vehicle Accident...

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