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MTR. OF SHAW v. MOTOR VEHICLE IND. CORP.

24 Misc.2d 466 (1960)

In the Matter of Richard Shaw, Petitioner, v. Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Erie County.

April 22, 1960.

Attorney(s) appearing for the Case

Manuel S. Wortzman (Norman B. Lewis of counsel), for petitioner.

Gibbons, Pottle, O'Shea & Adamson (Gerard J. O'Brien of counsel), for respondent.

MICHAEL CATALANO, J.

This is an application by applicant Shaw for an order permitting him to bring an action against respondent Motor Vehicle Accident Indemnification Corporation.

The moving papers show that:

(1) Shaw timely filed under section 608 of the Insurance Law.

(2) Shaw was an uninsured resident pedestrian, i.e., a "qualified person" under article 17-A of the Insurance Law;

(3) Shaw was not operating a motor vehicle...

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