Victoria Hodge v. Sam Carson Book Reviews

Victoria Hodge v. Sam Carson by Supreme Court of New York Book Summary

[39 A.D.2d 637 Page 638] Order unanimously reversed, without costs and matter remitted to Special Term for a hearing in accordance with the following
Memorandum: The order appealed from granted petitioners' application to join appellant as a defendant in their motor vehicle
accident action against Carson who was alleged to have been the owner of the automobile in which petitioner Hodge was injured.
para. A qualified person who has sustained personal injury arising out of the use of a motor vehicle may, when the identity
of the vehicle and of the operator and owner thereof cannot be ascertained, apply to the Supreme Court for an order permitting
him to bring an action against MVAIC (Insurance Law, 618). The record does not sufficiently show that the identity of the
vehicle and of the operator and owner thereof cannot be ascertained to justify the granting of the order appealed from. Petitioner
testified in an examination before trial in her action against Carson that he was the owner and operator of the automobile
in which she and two other people were passengers, and that she was injured when Carson drove the automobile into a pole.
Carson denied that he owned or operated the car. para. In this situation Special Term should not have attempted to resolve
the issue on the papers alone but should have conducted a hearing at which witnesses including the other passengers who were
in the car at the time the injuries were sustained could testify as to the ownership of the automobile and the identity of
its operator. On the hearing all issues relevant to the application should be considered and resolved (Matter of O'Rourke
v. MVAIC, 29 A.D.2d 938; cf. Matter of Brown v. MVAIC, 35 A.D.2d 339).

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