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WILLIAMS v. MVAIC

157 Misc.2d 962 (1993)

599 N.Y.S.2d 449

Robin Williams, Plaintiff, v. Motor Vehicle Accident Indemnification Corporation, Defendant.

Civil Court of the City of New York, Kings County.

May 28, 1993

Attorney(s) appearing for the Case

Barry Siskin, New York City, for plaintiff. Evans, Orr, Pacelli, Norton & Laffan, P. C., New York City (Seymour I. Yanofsky of counsel), for defendant.

DAVID FRIEDMAN, J.

The Motor Vehicle Accident Indemnification Corporation (MVAIC) provides benefits to a person who is injured in a "hit and run" incident. Where the incident, however, constitutes an intentional vehicular assault MVAIC is not obligated to make payment to the victim. The issue here is at what point MVAIC must raise such a claim. I conclude that in order for MVAIC to avoid payment it must raise...

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