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MATTER OF KENIG v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

90 A.D.2d 970 (1982)

In the Matter of Chana Kenig, as Executrix of Wolf Kenig, Deceased, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

November 9, 1982

Order affirmed, with costs.

Moule, J. (dissenting).

Petitioner's decedent was killed when he was struck by a tow truck while riding his bicycle. The tow truck was owned by Pete Bowen (doing business as "Bowen's Arco") and operated by Douglas Hollingsworth, an employee of Bowen's Arco. On March 21, 1980 petitioner was appointed by Surrogate's Court, Monroe County, as executrix of decedent's estate. Petitioner applied for and received no-fault benefits...

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