MATTER OF CAIN


37 A.D.2d 913 (1971)

In the Matter of the Arbitration between Terence P. Cain, Appellant, and Travelers Insurance Company, Respondent

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

October 28, 1971


Order unanimously reversed, with costs, and motion granted.

Memorandum:

The fact that claimant was injured when struck by a hit and run driver is undisputed and the record, in that respect, reveals that there is merit to his claim for recovery provided he can show timely notice of his claim and proof of respondent's responsibility. The facts alleged in claimant's supporting papers in explanation of the default are entirely sufficient to constitute a reasonable...

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