Opinion
October 15, 1970
Order entered March 13, 1970, granting petitioner-respondent's application to permit suit against respondent-appellant MVAIC, unanimously reversed on the law, without costs and without disbursements, and the matter remitted to Special Term for a hearing on the issue of contact between petitioner and an unidentified vehicle. This issue should not have been decided on the conflicting averments in the papers alone. ( Matter of Weinstein v. MVAIC, 30 A.D.2d 651; Matter of Malitz v. MVAIC, 17 A.D.2d 108.)
Concur — Stevens, P.J., Eager, McGivern and Markewich, JJ.