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TREPEL v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

267 A.D.2d 228 (1999)

699 N.Y.S.2d 469

MINDY J. TREPEL, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

Decided December 6, 1999.

Ordered that the order is affirmed, with costs.

On April 8, 1996, the plaintiff's decedent, Dennis O'Day, was struck and killed by a "hit and run" motor vehicle. On October 30, 1996, the plaintiff, Mindy J. Trepel, the Queens County Public Administrator, was appointed Administrator of the Estate of Dennis O'Day and authorized to maintain this action.

By order to show cause dated April 1, 1998, the plaintiff brought an application pursuant to Insurance Law...

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