Carter v. Motor Vehicle Accident Indemnification Corp.

*1170Memorandum: Petitioner, allegedly the victim of a hit-and-run accident, appeals from an order denying his application for an order permitting him to commence an action against respondent pursuant to Insurance Law § 5218. We agree with petitioner that, by the affidavit of his attorney, he established the applicability of the presumption that he delivered the requisite notice of claim to respondent by mail (see Nassau Ins. Co. v Murray, 46 NY2d 828, 829 [1978]; see generally Insurance Law §§ 5208, 5218 [b] [1]), and that respondent failed to rebut that presumption (see Nassau Ins. Co., 46 NY2d…