Johnson v. Motor Vehicle Accident Indemnification Corp.

This is an application for an order granting the petitioner leave to bring an action against the Motor Vehicle Accident Indemnification Corporation. The facts giving rise to this proceeding are exactly the same as those recited in a companion proceeding decided herewith (see Matter of Marbly v. MVAIC, 40 Misc 2d 973). The only additional question presented here is whether the result should be different because the petitioner is an infant.

In Chernick v. Hartford Acc. & Ind. Co. (8 A D 2d 264, affd. 8 N Y 2d 756) the provision of an insurance contract requiring arbitration of claims made…