Malitz v. Motor Vehicle Accident Indemnification Corp.

Claimant applied for permission to sue respondent, Motor Vehicle Accident Indemnification Corporation (herein MVAIC) on the premise that he was struck by an unidentified automobile. Respondent resisted the application on the ground that the accident had not been reported to the police within 24 hours as required by subdivision (b) of section 608 of the Insurance Law. The affidavits on the application presented a substantial issue as to whether this section had been complied with.

Special Term did not decide that issue. Instead, the court granted the application, allowing MVAIC to plead lack of…