MATTER OF SMITH v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


37 A.D.2d 764 (1971)

In the Matter of Donald D. Smith, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

September 16, 1971


The evidence as presented, including the medical evidence, does not support the determination. It is noted also that the petitioner was not available or could not be located to testify. Because of the nature and extent of the injuries, it is felt that petitioner should be afforded an opportunity, if he can, to supply the deficiency in the proof. The case is remanded solely for...

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