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WILLIAMS v. MVAIC

160 Misc.2d 592 (1994)

613 N.Y.S.2d 523

Robin Williams, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Appellate Term, Second Department.

April 5, 1994

Attorney(s) appearing for the Case

Barry Siskin, New York City, for appellant. Evans, Orr, Pacelli, Norton & Laffan, P. C., New York City, for respondent.

SCHOLNICK, J. P., ARONIN and CHETTA, JJ., concur.

MEMORANDUM.

Order affirmed with $10 costs.

There are issues of fact which require a trial. We note that plaintiff has exclusive knowledge of the key facts while Motor Vehicle Accident Indemnification Corporation's liability is predicated on the actions of an unknown owner and operator of a hit-and-run vehicle and it must rely in large part on cross-examination of plaintiff...

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