Legal Opinion

Fragoso v. Motor Vehicle Accident Indemnification Corp.

New York Supreme Court

Decided January 14, 2009Published

1Opinion of the Court

*431OPINION OF THE COURT

Herbert Kramer, J.

Does an individual who was knocked down by a hit-and-run driver and then hit by an insured driver a short time later have the right to sue Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) on her claim against the hit- and-run driver?

Petitioner administrator seeks leave to sue MVAIC for the conscious pain and suffering and wrongful death of the decedent asserting that the decedent, a pedestrian, was knocked down by an unknown vehicle as she was crossing the street. The Motor Vehicle Accident Indemnification Corporation responds saying…

2Cases cited8 opinions

  1. Matter of Liberty Mut. Ins. Co.(hogan)New York Court of Appeals · 1993
  2. Dixon v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  3. In re the Arbitration between O'Brien & Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1970
  4. Richter v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1969
  5. State-Wide Insurance v. LangAppellate Division of the Supreme Court of the State of New York · 1968

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