Lavin v. Motor Vehicle Accident Indemnification Corp.

Edgar J. Nathan, Jr., J.

Petitioner moves for permission to file a late notice of claim with the Motor Vehicle Accident Indemnification Corporation pursuant to section 608 of the Insurance Law.

The accident in question occurred on June 28, 1959 and petitioner had 90 days thereafter within which to file her notice of claim. This was not done until October 14, 1959, some 17 days after the expiration of the statutory period.

While article 17-A of the Insurance Law creates statutory rights unknown at common law and therefore must be strictly construed, the failure to file within 90 days is not an…