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MATTER OF KEARSE v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

28 A.D.2d 703 (1967)

In the Matter of Lucy Kearse, as Administratrix of The Estate of Grace Capers, Deceased, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

June 19, 1967

Order affirmed, without costs.

In our opinion, the application was timely, since no judgment had been entered as required by subdivision (b) of section 618 of the Insurance Law, and the period of limitation had not therefore commenced. It is our further opinion that reasonable efforts were made by petitioner to ascertain the identity of the "hit and run" motor vehicle and of the owner and operator thereof. A hearing at this stage is not required. If so advised, MVAIC...

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