N.Y. Ins. Law § 5217

§ 5217. "Hit and run" causes of action. The protection provided by\nthis article shall not apply to any cause of action by a qualified\nperson arising out of a motor vehicle accident occurring in this state\nagainst a person whose identity is unascertainable, unless the bodily\ninjury to the qualified person arose out of physical contact of the\nmotor vehicle causing the injury with the qualified person or with a\nmotor vehicle which the qualified person was occupying (meaning in or\nupon or entering into or alighting from) at the time of the accident.\n