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MATTER OF THOMAS v. JIMINEZ

52 A.D.2d 782 (1976)

In the Matter of April Thomas, an Infant, by Her Mother and Natural Guardian, Geneva Carter, Respondent, v. Felipe Jiminez, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

May 11, 1976

The infant petitioner was allegedly injured on September 1, 1972 by an automobile driven by one Jiminez. The Department of Motor Vehicles answered an inquiry by the infant's attorney to the effect that there was insurance, and it appears that a summons was served upon the insured, and the insurance company so notified. In July, 1973, the petitioner's attorney died, and the present attorney was retained in December of 1973. When no response was obtained from the insurance...

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