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Rovitelli v. Motor Vehicle Accident Indemnification Corp.

30 A.D.2d 1037 Court N.Y. App. Div. Decision date 1968-10-31 English

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p. 1037
(October 31, 1968)
Anthony Rovitelli et al., Respondents, v. Motor Vehicle Accident Indemnification Corporaton, Appellant.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: The question of notice is a factual one which should be presented to a jury. (Appeal from judgment of Monroe Trial Term determining claim timely filed.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Witmer, JJ.