Bendik v. Motor Vehicle Accident Indemnification Corp.

Samuel S. Tripp, Special Referee.

This is a reference by consent (CPLR 4317, subd. [a]) to hear and determine petitioner’s application for leave to bring an action for personal injury damages against the respondent, Motor Vehicle Accident Indemnification Corporation (MVAIC), pursuant to section 618 of article 17-A of the Insurance Law.

The issue here posed is whether the injuries for which the petitioner seeks redress were sustained as the result of a “hit and run ” motor vehicle accident within the meaning of the statute.

Petitioner, a 61-year-old lady just under five feet in height, was…