Diaz v. Motor Vehicle Accident Indemnification Corp.

Judgment, Supreme Court, New York County (Helman, J.), entered May 27, 1980, granting petitioner’s application pursuant to section 618 of the Insurance Law for leave to sue respondent, unanimously reversed, on the law, without costs or disbursements, and the petition dismissed. The issue is whether petitioner is entitled to the protection provided by article 17-A of the Insurance Law, the Motor Vehicle Accident Indemnification Corporation Law, as a “hit and run” victim. Petitioner claims injury from a “hurtling hubcap which had become detached from an automobile which was speeding on Queens…