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MATTER OF DIXON v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

56 A.D.2d 650 (1977)

In the Matter of Alfred Dixon, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent

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

February 28, 1977

Order reversed, without costs or disbursements, and proceeding remanded to Special Term for a new hearing in accordance herewith.

On December 21, 1973 petitioner sustained personal injuries as the result of being struck by an alleged "hit and run vehicle". Petitioner moved for leave to institute an action against the respondent MVAIC pursuant to section 618 of the Insurance Law. The respondent opposed the motion, contending that an issue of fact existed as to whether...

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