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VEGA v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

59 A.D.2d 759 (1977)

Francisco Vega, as Administrator of The Estate of Ismael Vega, Deceased, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent

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

October 24, 1977

Order reversed, with $50 costs and disbursements, and proceeding remitted to Special Term for further proceedings in accordance herewith.

Special Term erroneously relied on hearsay statements contained in a police report as to how the decedent was killed (see Richardson, Evidence [Prince, 10th ed], § 299). Accordingly, a hearing is mandated to determine by competent proof what actually happened. If, after the hearing, however, it is determined that the decedent...

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