56 A.D.2d 650 | N.Y. App. Div. | 1977
In a proceeding pursuant to section 618 of the Insurance Law, petitioner appeals from an order of the Supreme Court, Kings County, dated May 10, 1976 which denied, after a hearing, his application for leave to sue the respondent Motor Vehicle Accident Indemnification Corporation (MVAIC) and dismissed the petition. Order reversed, without costs or disbursements, and proceeding remanded to Special Term for a new hearing in accordance herewith. On December 21, 1973 petitioner sustained personal injuries as the result of being struck by an alleged "hit and run vehicle”. Petitioner moved for leave to institute an action against the respondent MVAIC pursuant to section 618 of the Insurance Law. The respondent opposed the motion, contending that an issue of fact existed as to whether the police were notified of the accident pursuant to subdivision (b) of section 608 of the Insurance Law, and that said issue precluded a summary disposition of the motion. Subdivision