Kenig v. Motor Vehicle Accident Indemnification Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On January 27, 1980, the decedent, Wolf Kenig, was killed when he was hit by a tow truck while he was riding his bicycle. The truck was owned by Peter Bowen, doing business as “Bowen’s Arco”, and was operated by Douglas Hollingsworth, an employee of Bowen’s Arco. On March 21, 1980, the decedent’s wife was appointed by Surrogate’s Court, Monroe County, as executrix of his estate. Thereafter, as such executrix she applied for and received first-party no-fault benefits from the United States…