
    [613 NYS2d 523]
    Robin Williams, Appellant, v Motor Vehicle Accident Indemnification Corporation, Respondent.
    Supreme Court, Appellate Term, Second Department,
    April 5, 1994
    APPEARANCES OF COUNSEL
    
      Barry Siskin, New York City, for appellant. Evans, Orr, Pacelli, Norton & Laffan, P. C., New York City, for respondent.
   OPINION OF THE COURT

Memorandum.

Order affirmed with $10 costs.

There are issues of fact which require a trial. We note that plaintiff has exclusive knowledge of the key facts while Motor Vehicle Accident Indemnification Corporation’s liability is predicated on the actions of an unknown owner and operator of a hit-and-run vehicle and it must rely in large part on cross-examination of plaintiff at trial.

Scholnick, J. P., Aronin and Chetta, JJ., concur.  