Pleuss v. Ronkonkoma Auto Parts, Inc.

The Motor Vehicle Accident Indemnification Corporation (MVAIC) moves to dismiss so much of the amended complaint as includes the MVAIC as a party defendant. Although the plaintiff is an infant the MVAIC insists that he is nevertheless relegated by article 17-A of the Insurance Law to an arbitration proceeding. It is the infant’s contention that as an infant he cannot be compelled to submit to arbitration and, in fact, may elect to arbitrate or to sue in a common-law action.

*380The infant’s status is that of an “ insured ” person (Insurance Law, § 601, subd. i). Since section 1209 of the CPLR…