Gettes v. Motor Vehicle Accident Indemnification Corp.

In a proceeding pursuant to Insurance Law article 52, the Motor Vehicle Accident Indemnification Corporation appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated August 7, 2009, as granted that branch of the petition which was, in effect, for leave to commence an action against it.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner’s evidentiary submissions established that he is a “qualified person” entitled to benefits from the Motor Vehicle Accident Indemnification…