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MATTER OF THOMPSON v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

57 A.D.2d 713 (1977)

In the Matter of Theodore J. Thompson, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

April 15, 1977

Order reversed, without costs, and motion denied.

Memorandum:

This is an appeal by MVAIC from an order which granted the application of petitioner to file a late notice of claim. The applicable statute is subdivision (a) of section 608 of the Insurance Law which requires notice to MVAIC within 90 days of the accrual of the cause of action, i.e., the date of the accident. That limitation may be waived by the court only if application is made within one year...

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