Legal Opinion

Knight v. Motor Vehicle Accident Indemnification Corp.

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

Decided May 5, 2009PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Maltese, J.), dated February 12, 2008, which denied its motion to dismiss the complaint, in effect, for failure to comply with Insurance Law article 52 and granted the plaintiffs cross motion for leave to commence this action nunc pro tunc.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the cross motion is denied.

*666Contrary to the Supreme Court’s determination, the plaintiff did not establish that he was a “qualified person”…

2Cases cited10 opinions

  1. Country-Wide Insurance v. WagonerNew York Court of Appeals · 1978
  2. Rice v. Allstate InsuranceNew York Court of Appeals · 1973
  3. Progressive Northeastern Insurance v. ScalamandreAppellate Division of the Supreme Court of the State of New York · 2008
  4. Barillas v. RiveraAppellate Division of the Supreme Court of the State of New York · 2006
  5. Muhammad v. DiazAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by2 opinions

  1. Englington Medical, P.C. v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Miller v. MackAppellate Division of the Supreme Court of the State of New York · 2011

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