Rogers v. Motor Vehicle Accident Indemnification Corp.

—Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered November 19, 2001, which, inter alia, denied without prejudice to renew defendant’s cross motion to dismiss plaintiffs’ renewed application for leave to proceed with an action against defendant under Insurance Law § 5218.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is granted and the renewed application is dismissed.

Memorandum: Defendant appeals from an order denying its *1001cross motion to dismiss plaintiffs renewed…