MATTER OF HERNANDEZ v. MOTOR VEH. ACC. INDEM. CORP.

2013-09856

120 A.D.3d 1347 (2014)

992 N.Y.S.2d 563

2014 NY Slip Op 06203

In the Matter of ERICKSON HERNANDEZ, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

Decided September 17, 2014.


Ordered that the order is modified, on the law and the facts, by deleting the provision thereof granting the petition in its entirety and substituting therefor a provision granting the petition only to the extent of directing an evidentiary hearing on the issues of whether the subject accident was reported to the police within 24 hours, whether the petitioner filed a notice of claim within 90 days of the accident, and whether the petitioner is a "qualified person" pursuant...

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