Muhammad v. Diaz

—Order, Supreme Court, New York County (Leland DeGrasse, J.) entered on or about May 28, 1992, which, insofar as appealed from denied plaintiffs motion to compel Motor Vehicle Accident Indemnification Corporation (MVAIC) to pay her claim against uninsured defendant Diaz, or, in the alternative, to appear herein and defend on behalf of Diaz, unanimously affirmed, without costs.

*33MVAIC cannot be compelled, at this juncture, to pay plaintiffs claim against defendant Diaz since, by statute, claims founded on the default of an uninsured defendant are not allowed (Insurance Law § 5214). Nor can MVAIC…