Rojas v. Motor Vehicle Accident Indemnification Corp.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 25, 2005, which granted the petition for leave to commence an action against respondent, unanimously reversed, on the law, without costs, the order vacated and the matter remanded for further proceedings.

In support of the petition, petitioner submitted an affidavit in which he states that he was injured when he was struck by an unidentified “hit and run” vehicle. Respondent, on the other hand, has opposed the petition in reliance upon a Fire Department of New York (FDNY) ambulance call report in which petitioner is…