MATTER OF PASTERNACK v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


48 A.D.2d 837 (1975)

In the Matter of Frieda Pasternack, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

June 2, 1975


Order reversed, without costs, and application denied.

On September 23, 1973 petitioner, while a pedestrian, was struck by an automobile operated by an uninsured driver. On May 8, 1974, 7½ months after the accident, a notice of claim was served on appellant. Since the notice of claim was not filed within 90 days after the accrual of the cause of action, Special Term, under the circumstances herein, lacked the power to grant the application (Matter of Jones...

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