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MATTER OF VELEZ v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

56 A.D.2d 764 (1977)

In the Matter of Rosa Velez, as Administratrix of The Estate of Enrique Montalvo, Deceased, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 10, 1977

The Insurance Law permits suit against MVAIC when a notice of claim has been filed with it within 90 days of the accrual of the cause of action (§ 608) and, in "hit and run" cases, when leave to bring the action has been obtained from the Supreme Court (§ 618). EPTL 5-4.1 limits the commencement of wrongful death actions to two years from the date of death. CPLR 204 (subd [a]) states, "Where the commencement of an action...

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