RUTHERFORD v. GOV'T EMPLOYEES INS. CO.


37 A.D.2d 600 (1971)

John W. Rutherford, Respondent, v. Government Employees Insurance Company, Appellant

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

June 14, 1971


Order reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing and a new determination.

The questions of fact have not been considered. We are of the opinion that a triable issue of fact is presented on the question of whether a hit and run accident occurred within the meaning of section 617 of the Insurance Law (cf. MVAIC v. Eisenberg, 18 N.Y.2d 1; Matter of Braddy [Continental Ins...

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