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  5. 66 A.D.2d 403 (1979)
 

MTR. OF MERCER v. MVAIC

66 A.D.2d 403 (1979)

In the Matter of Carol A. Mercer, on Behalf of Herself and Adesina Mercer, an Infant, et al., Respondents, v. Motor Vehicle Accident Indemnification Corporation, Appellant. (Action No. 1.) Carol A. Mercer et al., Plaintiffs, v. Plexo Cab Corp. et al., Defendants. (Action No. 2.)

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

February 15, 1979

Attorney(s) appearing for the Case

James F. Carroll of counsel (Carroll & Spencer, attorneys), for appellant.

Gottlieb & Feldman, attorneys (Otto Gottlieb of counsel), for respondents.

BIRNS, J. P., and EVANS, J., concur with FEIN, J.; SILVERMAN and LANE, JJ., dissent in part, in an opinion by SILVERMAN, J.

FEIN, J.

Respondent Motor Vehicle Accident Indemnification Corporation (MVAIC) appeals from an order (1) granting leave to bring an action against MVAIC; (2) amending the caption and directing service of an amended complaint; and (3) remanding the case to the Civil Court for further proceedings, since the action is within the jurisdiction of that court. The order appealed from should be modified to grant both...

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