Monje v. Motor Vehicle Accident Indemnification Corp.

The Motor Vehicle Accident Indemnification Corporation is not, as a matter of law, immune from the granting of summary judgment against it in a negligence case. The cases cited by it in support of that proposition hold only that summary judgment will not be granted where the facts concerning the accident are solely within the knowledge of the moving party, and where the person whose actions gave rise to the liability asserted is not within the control of or available to the defendant (Torres v. O’Keefe, 35 Misc 2d 347; Bandi v, Noonan, N. Y. L. J., April 12, 1961, p. 13, col. 7; DeFreitas v.…