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Matter of Smith v. Motor Vehicle Acc. Indemn

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1971
37 A.D.2d 764 (N.Y. App. Div. 1971)

Opinion

September 16, 1971


Order, Supreme Court, New York County, entered on April 16, 1971, unanimously reversed, on the law, without costs and without disbursements, and the matter remanded for a further hearing. The evidence as presented, including the medical evidence, does not support the determination. It is noted also that the petitioner was not available or could not be located to testify. Because of the nature and extent of the injuries, it is felt that petitioner should be afforded an opportunity, if he can, to supply the deficiency in the proof. The case is remanded solely for that purpose.

Concur — Stevens, P.J., Capozzoli, McGivern, Steuer and Tilzer, JJ.


Summaries of

Matter of Smith v. Motor Vehicle Acc. Indemn

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1971
37 A.D.2d 764 (N.Y. App. Div. 1971)
Case details for

Matter of Smith v. Motor Vehicle Acc. Indemn

Case Details

Full title:In the Matter of DONALD D. SMITH, Respondent, v. MOTOR VEHICLE ACCIDENT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 16, 1971

Citations

37 A.D.2d 764 (N.Y. App. Div. 1971)