Legal Opinion

Cardona v. Martinez

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 2009PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered December 17, 2007, which, in an action for personal injuries sustained when plaintiff pedestrian was struck by a motor vehicle that left the scene, denied the motion of defendant Motor Vehicle Accident Indemnification Corporation (MVAIC) to dismiss the complaint as against it, unanimously affirmed, without costs.

Despite the procedural irregularities cited by MVAIC, the court properly found that plaintiff was a “qualified person” under the Insurance Law. Insurance Law § 5218 (b) provides that the court may permit an action…

2Cases cited2 opinions

  1. Steele v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Milstein v. ClarkAppellate Division of the Supreme Court of the State of New York · 1969

3Cited by6 opinions

  1. Alam v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Archer v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Archer v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Johnson v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Pena v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2012

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