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WALLACE v. MVAIC

25 N.Y.2d 384 (1969)

In the Matter of Clara Wallace, as Administratrix of The Estate of Morton Wallace, Deceased, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant.

Court of Appeals of the State of New York.

Decided November 26, 1969.

Attorney(s) appearing for the Case

Francis J. Holloway and Warner M. Bouck for appellant.

John W. McCauley for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

GIBSON, J.

We are called upon, in this case of first impression, to determine the rights of appellant MVAIC in respect of a judgment, rendered in a proceeding to which it was not a party, which determined that plaintiff's intestate was not an insured person within the coverage of the uninsured motorist provision of an automobile liability policy issued to his brother...

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