Legal Opinion

Kennedy v. Arif

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

Decided March 22, 2011PublishedCited by 6 opinions

1Opinion of the Court

*1051Under the facts of this case, the Supreme Court properly directed the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) to interpose an answer to the complaint (see Insurance Law § 5214; see generally Tirado v Miller, 75 AD3d 153 [2010]). MVAIC’s contention that the plaintiffs motion should have been denied because he failed to comply with Insurance Law § 5208, is raised for the first time on appeal and, thus, is not properly before this Court (see Luciano v Our Lady of Sorrows School, 79 AD3d 705 [2010]; Spagnole v Staten Is. Univ. Hosp., 77 AD3d 816 [2010]; Matter of…

2Cases cited4 opinions

  1. Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Insurance of North America v. KaplunAppellate Division of the Supreme Court of the State of New York · 2000
  3. Luciano v. Our Lady of Sorrows SchoolAppellate Division of the Supreme Court of the State of New York · 2010
  4. Spagnole v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by6 opinions

  1. Daley v. PelzerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Archer v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Archer v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Daley v. PelzerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Eisenhauer v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2013

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