Kennedy v. Arif

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County, (Schmidt, J.), dated June 6, 2012, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In this action to recover damages for personal injuries sustained in an automobile accident, the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) moved on behalf of the defendant for summary judgment dismissing the complaint, contending that the plaintiff is not a “qualified person” within the…