MATTER OF SIMMONS v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


44 A.D.2d 673 (1974)

In the Matter of Retha Simmons, as Mother and Natural Guardian of Van Simmons, an Infant, et al., Respondents, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

April 22, 1974


The infant petitioner was allegedly struck by a vehicle which he described to police officers as blue with the words "Buzz A Car" printed on its side. The aided and accident card prepared by the officer confirms the disclosure of such owner and its address. Before suit may be instituted against respondent, section 618 of the Insurance Law requires the court to be satisfied that the identity of the motor vehicle and the owner and the operator thereof is unknown and unascertainable...

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