On this record it is clear that preliminary issues are raised warranting a trial to determine whether or not the claimant Pooser gave timely notice of claim to petitioner, and whether or not the alleged offending vehicle was uninsured at the time of the accident. Petitioner did not avail itself of the respondents' consent to a hearing on these preliminary issues and withdraw the appeal, which would have avoided needless delay, and to this extent its conduct is
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AETNA CAS. & SUR. CO. v. POOSER
69 A.D.2d 793 (1979)
Aetna Casualty & Surety Company, Appellant, v. James Pooser et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 17, 1979
April 17, 1979
Appellate Division of the Supreme Court of the State of New York, First Department.
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