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MATTER OF IRIZARRY v. MOTOR VEHICLE INDEMNIFICATION CORPORATION

287 A.D.2d 716 (2001)

732 N.Y.S.2d 54

In the Matter of JOHNNY C. IRIZARRY, Respondent, v. MOTOR VEHICLE INDEMNIFICATION CORPORATION, Respondent, and STATE FARM INSURANCE COMPANIES, Appellant.

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

Decided October 29, 2001.

Ordered that the order is affirmed, with costs.

At the hearing, the petitioner testified that he was struck by a hit-and-run vehicle, which he identified from his own observation as a white Acura. The petitioner testified that immediately after he was struck, while he was still on the ground, an eyewitness ran up to him and said "Relax. We have the plates. Relax." That man told the petitioner that "he took the license plate." Several other witnesses ran up and said...

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