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MATTER OF ST. JOHN

105 A.D.2d 530 (1984)

In the Matter of William C. St. John, Jr., as Administrator of The Estate of Darrel R. Kenyon, Deceased, Respondent. Motor Vehicle Accident Indemnification Corporation, Appellant

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

October 18, 1984

The issue presented on this appeal is whether petitioner is a "qualified person" within the meaning of section 5202 (subd [A], par 2) of the Insurance Law and thus entitled to proceed against the Motor Vehicle Accident Indemnification Corporation (MVAIC) to recover damages for the wrongful death of decedent. We conclude that petitioner has failed to establish that decedent was such a "qualified person". The order of Special Term...

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