Sherman v. Morales

Gulotta, P. J. (dissenting).

Two issues are presented on this appeal. The first is whether an order which denied the plaintiffs’ motion to implead the Motor Vehicle Accident Indemnification Corporation (MVAIC) without prejudice to renewal after trial sufficiently aggrieves MVAIC so as to entitle it to an appeal as of right. The second and substantive question is whether the plaintiffs are barred by the provisions of subdivision (c) of section 608 of the Insurance Law from impleading MVAIC. On September 4, 1972 the infant plaintiff, while riding as a passenger in an automobile owned by…