33 A.D.2d 663 | N.Y. App. Div. | 1969
Order and judgment (one paper) entered March 21, 1969, vacating stay of arbitration and dismissing petition therefor, reversed on the facts and law, with $30 costs and disbursements to the appellant, the application granted, and arbitration permanently stayed. The issue is whether the accident was reported to the police within the 24-hour period pursuant to the New York Accident Indemnification Endorsement relative to hit-and-run automobiles. The 13-year-old infant plaintiff claimed he was injured on March 16, 1965, while riding his bicycle, when he was allegedly struck by a motor vehicle. Plaintiff mounted his bicycle and proceeded to his home. His mother proceeded to the hospital with him. He did not inform her he had been struck by a hit-and-run automobile until the