Garcia v. Motor Vehicle Accident Indemnification Corp.

OPINION OF THE COURT

Milton A. Tingling, J.

*195The plaintiff, Maria Angela Correa Garcia, moves for an order permitting this court to make a determination on the issue of whether or not the defendant Motor Vehicle Accident Indemnification Corporation (hereinafter referred to as MVAIC), pursuant to Insurance Law § 5210, is entitled to an offset against its statutory liability limits. Defendant opposes plaintiffs motion contending that it is entitled to an offset due to the fact that plaintiff has already recovered $25,000 from insurance company GEICO, and that it would be against public policy to…