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MATTER OF SIMON v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

83 A.D.2d 803 (1981)

In the Matter of Mildred Simon, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

August 6, 1981

On May 17, 1978, claimant was struck by an uninsured commercial van as she was crossing East 56th Street. The claimant, a resident of the State of New Jersey, was denied coverage by her insurance carrier on the grounds that she "was struck by a truck and trucks are excluded under the New Jersey No-Fault law." This carrier further suggested that claimant file a claim with MVAIC in New York. The threshold question presented, and one not addressed by Special Term, is whether...

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