Order reversed, on the law, without costs or disbursements, and application denied.
The findings of fact are affirmed. Petitioner's apparent knowledge of the identity of the owner of the vehicle which caused her injuries permits an action to be brought against the said owner. Only if such action ultimately fails for lack of identity, should leave to sue MVAIC be considered (see Insurance Law, § 618, subd [a]; Matter of Ruiz v MVAIC,
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