In re Martinez

—Order and judgment (one paper), Supreme Court, New York County (Jane Solomon, J.), entered on or about August 21, 2000, which granted the petition brought pursuant to Insurance Law § 5218 for permission to sue respondent, unanimously affirmed, without costs.

*278After alighting from the tow truck he had been driving, petitioner was struck by a hit-and-run vehicle while walking toward the disabled vehicle he had been dispatched to assist. As Supreme Court found, while petitioner undoubtedly intended eventually to return to his truck, his absence from the truck was not intended to be brief and his…