Legal Opinion

Galarza v. Galarza

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 1994Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Gloria Cohen Aronin, J.), dated December 16, 1991, which denied her motion to compel the Motor Vehicle Accident Indemnification Corporation to accept as timely her notice of claim pursuant to Insurance Law § 5208.

Ordered that the order is affirmed, with costs.

Since the plaintiff did not demonstrate the requisite degree of diligence in ascertaining whether a policy of insurance was in effect at the time of the accident, her notice of claim was untimely (see, Insurance…

2Cases cited3 opinions

  1. In Re the Arbitration Between Lloyd & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1969
  2. Nassau Insurance v. DoyleAppellate Division of the Supreme Court of the State of New York · 1985
  3. Sain v. ForrestAppellate Division of the Supreme Court of the State of New York · 1987

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