Comas v. Tofany

This is an article 78 proceeding brought by petitioner John Comas to review a determination by the Department of Motor Vehicles denying petitioner permission to apply for a driver’s license and for a judgment directing the respondent to allow petitioner to apply for a driver’s license.

On September 5, 1959, petitioner was involved in an automobile accident with one Thomas Dunn. He was unlicensed and uninsured and operated a motorcycle which struck Mr. Dunn. In connection with this accident the Motor Vehicle Accident Indemnification Corporation paid Mr. Dunn the sum of $3,750 without notice of…