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Matter of Stern v. Motor Vehicle Acc. Indemn

Appellate Division of the Supreme Court of New York, First Department
Nov 5, 1962
17 A.D.2d 919 (N.Y. App. Div. 1962)

Opinion

November 5, 1962


Order, entered on September 1, 1961, denying the application for leave to sue the Motor Vehicle Accident Indemnification Corporation unanimously affirmed, on the law, with $20 costs and disbursements to respondent. Petitioner-appellant is an "insured" rather than a "qualified person" by virtue of his holding an automobile insurance policy issued in his name by a member insurer of the Indemnification Corporation (Insurance Law, §§ 601, 618). Consequently, the further question of whether the cause of action is within the statute is not reached (Insurance Law, § 617).

Concur — Breitel, J.P., Rabin, Valente, Stevens and Steuer, JJ.


Summaries of

Matter of Stern v. Motor Vehicle Acc. Indemn

Appellate Division of the Supreme Court of New York, First Department
Nov 5, 1962
17 A.D.2d 919 (N.Y. App. Div. 1962)
Case details for

Matter of Stern v. Motor Vehicle Acc. Indemn

Case Details

Full title:In the Matter of PHILIP STERN, Appellant, v. MOTOR VEHICLE ACCIDENT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 5, 1962

Citations

17 A.D.2d 919 (N.Y. App. Div. 1962)

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