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URENA v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

42 A.D.2d 888 (1973)

Marcello Urena, an Infant by His Father and Natural Guardian Jose Urena, et al., Respondents, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

September 13, 1973

The application is for leave to sue MVAIC pursuant to section 618 of the Insurance Law. Petitioner was sitting on the trunk of an automobile as far as appears without the invitation or knowledge of the driver. The automobile pulled away from the curb and petitioner fell off. This is not a "hit and run" within the contemplation of the statute (Flores v. MVAIC, N. Y. L. J., July 30, 1963,...

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