Thomas v. Motor Veh. Acc. Indem. Corp.

Louise Thomas, Petitioner-Respondent,

against

Motor Vehicle Accident Indemnification Corporation, Respondent-Appellant.

Respondent (MVAIC) appeals from an order of the Civil Court of the City of New York, New York County (Paul A. Goetz, J.), dated November 2, 2016, which granted the petition for leave to commence an action against MVAIC.

Order (Paul A. Goetz, J.), dated November 2, 2016, reversed, the petition denied and the proceeding dismissed.

Petitioner's application for leave to sue MVAIC pursuant to Insurance Law § 5218 should have been denied, since she failed to sustain her burden of…