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MATTER OF QUIRIDUMBAY v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

2018-02731, Index No. 520055/17.

176 A.D.3d 717 (2019)

109 N.Y.S.3d 406

2019 NY Slip Op 07075

In the Matter of Joel Quiridumbay, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

William Pager , Brooklyn, NY, for appellant.

Jaime E. Gangemi (Kornfeld Rew Newman & Simeone, Suffern, NY [ William S. Badura ], of counsel), for respondent.

Scheinkman, P.J., Dillon, Leventhal and Miller, JJ., concur.

Ordered that the order is reversed, on the law and the facts, the petition is reinstated, and the matter is remitted to the Supreme Court, Kings County, for an evidentiary hearing on the issues of whether all reasonable efforts have been made to ascertain the identity of the subject motor vehicle and of the owner and operator and whether the identity of the subject motor vehicle and the owner and operator cannot be established...

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