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MATTER OF NAPOLITANO (MVAIC)

21 N.Y.2d 281 (1967)

In the Matter of the Arbitration between Karen A. Napolitano, as Administratrix of The Estate of Edward D. Judge, Deceased, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1967.

Attorney(s) appearing for the Case

Francis J. Holloway and Warner M. Bouck for appellant.

Forrest N. Case, Jr., for respondent.

Opinion by Judge SCILEPPI. All concur, Chief Judge FULD in a separate opinion in which Judges BURKE and BERGAN also concur, except Judge KEATING who dissents and votes to affirm in an opinion.

SCILEPPI, J.

On September 19, 1964 the decedent, Edward Daniel Judge, while operating a motor vehicle in the course of his employment, collided with an uninsured vehicle owned and operated by John H. Bulmer, Jr.

The injuries suffered by Mr. Judge necessitated his confinement to a hospital from the date of the accident to February 12, 1965. Following a second hospital confinement of eight days, Mr. Judge...

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