Stern v. Motor Vehicle Accident Indemnification Corp.

Order, entered on September 1, 1961, denying the application for leave to sue the Motor Vehicle Accident Indemnification Corporation unanimously affirmed, on the law, with $20 costs and disbursements to respondent. Petitioner-appellant is an “ insured ” rather than a “ qualified person ” by virtue of his holding an automobile insurance policy issued in his name by a member insurer of the Indemnification Corporation (Insurance Law, §§ 601, 618). Consequently, the further question of whether the cause of action is within the statute is not reached (Insurance Law, § 617). Concur — Breitel, J. P., Rabin, Valente, Stevens and Steuer, JJ.