Villanueva v. Muniz

—In a proceeding, inter alia, for permission pursuant to CPLR 308 (5) to commence an action against a tort-feasor by service of a summons and complaint upon the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC), or in the alternative, for permission to commence a direct action against MVAIC pursuant to Insurance Law § 5218, the petitioner appeals from a judgment of the Supreme Court, Kings County (Williams, J.), dated September 18, 1986, which denied the application.

Ordered that the judgment is affirmed, with costs.

The record fails to establish that the underlying…