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SPINELLA v. MVAI CORP.

62 Misc.2d 893 (1970)

Gary Spinella, an Infant, by Andrew Waterson, His Stepfather and Guardian, Plaintiff, v. Motor Vehicle Accident Indemnification Corporation et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 30, 1970

Attorney(s) appearing for the Case

Michael Rose for plaintiff. Rivkin, Leff & Sherman for Motor Vehicle Accident Indemnification Corporation, defendant. Philip Hoffer and Peter T. Affatato for Empire Mutual Insurance Company, defendant.

JOSEPH LIFE, J.

Plaintiff, who was injured while a passenger in an automobile seeks a determination whether his remedy to recover damages for his injuries is as a qualified person against the Motor Vehicle Accident Indemnification Corporation or against the owner of the vehicle and her insurer, Empire Mutual Insurance Company.

The insurer admits the issuance of the policy insuring the owner against ...

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