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MATTER OF MVAIC v. MARRERO

17 N.Y.2d 342 (1966)

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

Court of Appeals of the State of New York.

Decided June 2, 1966.

Attorney(s) appearing for the Case

Benjamin H. Siff and Max Bloom for appellant.

Wilfred R. Caron for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

KEATING, J.

More than five months after receiving a copy of an order to which it had explicitly consented, MVAIC moved to have the order vacated on the ground that it was not served with the petition upon which the order was based. It contended that, had it been served, it would "have affected MVAIC's settlement negotiations or have aborted said negotiations altogether." The information of which it was allegedly...

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