MTR. OF HOLAD v. MVAI CORP.


53 Misc.2d 952 (1967)

In the Matter of Rita Holad, as Guardian ad Litem of Wayne Holad, an Infant, et al., Petitioners, v. Motor Vehicle Accident Indemnification Corp., Respondent.

Supreme Court, Special Term, Kings County.

March 8, 1967


Attorney(s) appearing for the Case

Nason & Cohen for petitioners. Carroll & Spencer for respondent.


BENJAMIN BRENNER, J.

In April, 1964 petitioner brought on a motion for leave to sue MVAIC for injuries which the infant herein had allegedly received in 1963 when a "hit and run" vehicle had struck another vehicle which then mounted the sidewalk and struck the infant. By order dated May 25, 1964 that application was denied, for at that time decisional law interpreting section 617 of the Insurance Law required direct physical contact between the "hit and...

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