De Lorenzo v. Motor Vehicle Accident Indemnification Corp.

This is a proceeding brought pursuant to statute (Insurance Law, § 618) by the executrix of the estate of a decedent, who seeks to recover damages for decedent’s wrongful death, for permission to institute an action therefor against Motor Vehicle Accident Indemnification Corporation (MVAIC).

It appears that late in the evening of December 3, 1967 the decedent, while walking across an intersection, was struck by a motor vehicle which did not stop. Decedent expired in the ambulance en route to the hospital.

The accident was reported to the police immediately after it occurred; the police arrived…