Legal Opinion

Johnson v. Motor Vehicle Accident Indemnification Corp.

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

Decided January 24, 2012Published

1Opinion of the Court

*542The court properly denied the petition as time-barred. A petition for leave to sue MVAIC “is timely if made within the applicable statute of limitations” (Steele v Motor Veh. Acc. Indem. Corp., 39 AD3d 78, 81 [2007], lv denied 9 NY3d 989 [2007]). Here, petitioner’s accident occurred on January 20, 2003, when he was 14 years old. The applicable three-year statute of limitations for a personal injury action (CPLR 214 [5]) was tolled until petitioner turned 18, and expired on April 27, 2009, when he turned 21 (see CPLR 105 Q]; 208). Petitioner brought the petition for leave to sue on June 14,…

2Cases cited2 opinions

  1. Cardona v. MartinezAppellate Division of the Supreme Court of the State of New York · 2009
  2. Steele v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2007

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