Pajak v. Motor Vehicle Accident Indemnification Corp.

— Judgment unanimously reversed on the law with costs, petition reinstated and matter remitted to Supreme Court, Erie County, for further proceeding, in accordance with the following memorandum: Petitioner Melissa Pajak, while riding her bicycle on July 4, 1986, was struck by a vehicle owned by William Anderhalt. The police report indicated that the vehicle was insured by The Hartford. On January 19, 1987, The Hartford notified petitioner that it had been advised by Anderhalt’s attorney that it was not Anderhalt’s carrier and was closing its file. On September 25, 1987 petitioner filed a…