MATTER OF EDWARDS v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


40 A.D.2d 695 (1972)

In the Matter of Alice Edwards, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

October 16, 1972


Order reversed, on the law and the facts, without costs, and application denied.

In our opinion the finding that petitioner was the victim of a hit-and-run accident was contrary to the weight of the credible evidence. The trial court should not have disregarded (1) the testimony of the police officer (who had interviewed petitioner near the scene of the alleged accident) that petitioner told him she had tripped and fallen and that he observed that she smelled of alcohol...

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