Caceres v. Motor Vehicle Accident Indemnification Corp.

Order and judgment (one paper), Supreme Court, New York County (Richard F. Braun, J.), entered August 16, 2005, which granted the petition for leave to bring an action against respondent, unanimously reversed, on the law, without costs, the order and judgment vacated and the matter remanded for an evidentiary hearing.

Where, as here, a question exists as to whether an accident report was timely filed pursuant to Insurance Law § 5208 (a) (2) (A), “and the issue cannot be resolved without a determination of the credibility of [the petitioner],” an evidentiary hearing is appropriate (Matter of…