Weinstein v. Motor Vehicle Accident Indemnification Corp.

Order, entered December 12, 1967, granting leave to respondent to sue appellant Motor Vehicle Accident Indemnification Corporation, Unanimously reversed, on the law and on the facts, with $30 costs and disbursements to abide the event, and the matter remanded to Special Term for a hearing. Upon the affidavits presented on the application the court is in no position to evaluate the situation and satisfactorily determine whether in compliance with the statutory mandate a proper report of the “ hit-and-run ” accident had in fact been made to the police or to a peace officer. (Insurance Law, § 608, subd. [b]; § 618; Matter of Malitz v. MVAIC, 17 A D 2d 108.) Concur— Botein, P. J.; Stevens, Eager, Steuer and Tilzer, JJ.