D'Alexandris v. Motor Vehicle Accident Indemnification Corp.

Plaintiff moves pnrsnant to rule 109 for an order striking out the separate defense.

The plaintiff is a “ qualified ” person and has brought this action to recover damages for personal injuries sustained by the plaintiff as a pedestrian and inflicted by a hit-and-run driver. In the defense it is alleged that plaintiff has failed to comply with sections 608 and 618 of the Insurance Law in that he failed to make a report of the accident as one caused by an “ unidentified motor vehicle ’ ’ within 24 hours after the occurrence to a police, peace or judicial officer in the vicinity or to the…