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MATTER OF SMITH v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

33 A.D.2d 786 (1969)

In the Matter of Ernestine Smith, as Mother and Natural Guardian, of Jeffrey Smith, an Infant, et al., Respondents, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

December 15, 1969

Order affirmed, with $30 costs and disbursements.

The injured infant petitioner was struck by a vehicle as he crossed a street. An action was brought by petitioners against a driver whose automobile registration plate number had been turned in to the police and also against one named as "John Doe". The driver testified at an examination before trial in that action that he had had nothing to do with the accident and that he had witnessed the actual occurrence as another...

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