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BARZILAY v. GHEIDA

70 A.D.2d 942 (1979)

Amnon Barzilay, as Father of Victoria Barzilay, an Infant, et al., Respondents-Appellants, v. James Gheida, Defendant, and Government Employees Insurance Co., Respondent. Motor Vehicle Accident Indemnification Corporation, Respondent-Appellant

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

June 25, 1979

Order reversed, without costs or disbursements, on the law, and proceeding remanded to the Supreme Court, Kings County, for a hearing on the issue of whether GEICO complied with the requirement of section 313 (subd 1, par [a]) of the Vehicle and Traffic Law with respect to the use of 12-point type.

Trial Term was without the power to grant the plaintiffs' application for leave to file a late notice of claim since the application...

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