N.Y. Insurance Law § 5217: "Hit and run" causes of action

§ 5217. "Hit and run" causes of action. The protection provided by

this article shall not apply to any cause of action by a qualified

person arising out of a motor vehicle accident occurring in this state

against a person whose identity is unascertainable, unless the bodily

injury to the qualified person arose out of physical contact of the

motor vehicle causing the injury with the qualified person or with a

motor vehicle which the qualified person was occupying (meaning in or

upon or entering into or alighting from) at the time of the accident.