MATTER OF BARBATO v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


61 A.D.2d 981 (1978)

In the Matter of Karen L. Barbato, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

March 6, 1978


Order reversed, with $50 costs and disbursements, and proceeding remanded to Special Term for a hearing in accordance herewith.

The conflicting versions of the accident, as given by the infant claimant and as contained in the police report, should be explored at the hearing, and the prerequisite issue of whether there had been contact with the motor vehicle should be determined (see Insurance Law, §§...

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