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MATTER OF GEN. ACCIDENT INS. CO. v. FITZGERALD

112 A.D.2d 423 (1985)

In the Matter of General Accident Insurance Company, Appellant, v. James Fitzgerald, as Administrator of The Estate of Kevin Fitzgerald, Deceased, et al., Respondents

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

July 29, 1985

Judgment affirmed, insofar as appealed from, with costs.

Petitioner has failed to establish that a hearing is necessary to determine whether Kevin Fitzgerald, the decedent, was hit by an insured vehicle on May 30, 1981. The record conclusively establishes that the vehicle which struck Fitzgerald was uninsured on the date of the accident (cf. Matter of MVAIC [Malone], 16 N.Y.2d 1027

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