Matwijko v. Lumber

Order unanimously reversed, without costs of this appeal to any party and application denied, without costs. Memorandum: The Motor Vehicle Accident Indemnification Corporation appeals from an order of the Supreme Court which granted the respondents’ application for permission to bring an action against the corporation pursuant to section 618 of the Insurance Law. Raymond Matwijko, an infant 20 years of age, was standing on a street corner in the City of Buffalo when he was struck and injured by a section of fence propelled from a passing truck. The truck did not stop and the applicants have…