ROJAS v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION


37 A.D.3d 216 (2007)

830 N.Y.S.2d 65

RICARDO ROJAS, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

Decided February 8, 2007.


In support of the petition, petitioner submitted an affidavit in which he states that he was injured when he was struck by an unidentified "hit and run" vehicle. Respondent, on the other hand, has opposed the petition in reliance upon a Fire Department of New York (FDNY) ambulance call report in which petitioner is said to have reported that he was injured while he was "defending [himself] and punched a man." These evidently conflicting accounts as to the cause of petitioner...

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