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GALARZA v. GALARZA

203 A.D.2d 515 (1994)

612 N.Y.S.2d 952

Miriam Galarza, Appellant, v. Angel Galarza et al., Defendants, and Motor Vehicle Accident Indemnification Corporation, Nonparty Respondent

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

April 25, 1994

Ordered that the order is affirmed, with costs.

Since the plaintiff did not demonstrate the requisite degree of diligence in ascertaining whether a policy of insurance was in effect at the time of the accident, her notice of claim was untimely (see, Insurance Law § 5208 [a] [3] [A] [ii]; Matter of Lloyd [MVAIC], 23 N.Y.2d 478, 482; Sain v Forrest, 130 A.D.2d 733; Matter...

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