MATTER OF ROYAL GLOBE INS. CO. v. SMITH


79 A.D.2d 710 (1980)

In the Matter of Royal Globe Insurance Company, Appellant, v. William Smith, Respondent

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

December 29, 1980


Order modified by deleting the third decretal paragraph thereof. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to petitioner, and matter remitted to Special Term for a hearing on the issue of whether the respondent was in fact involved in a hit and run accident.

Examination of the record reveals that there are several unresolved factual issues regarding whether there was actual physical contact with a hit and run vehicle...

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