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MVAIC v. AETNA CAS & SUR CO.

89 N.Y.2d 214 (1996)

674 N.E.2d 1349

652 N.Y.S.2d 584

In the Matter of Motor Vehicle Accident Indemnification Corporation, Respondent, v. Aetna Casualty & Surety Company, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1996.

Attorney(s) appearing for the Case

D'Ambrosio & D'Ambrosio, P. C., Irvington (John P. D'Ambrosio of counsel), for appellant.

Bond, Schoeneck & King, LLP, Albany (John M. Freyer of counsel), and Michael L. Rappaport, New York City, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

Two questions are presented by this appeal. First, we are called upon to determine substantively what Statute of Limitations applies to a cause of action to recover payments of first-party benefits by respondent Motor Vehicle Accident Indemnification Corporation (MVAIC), against the insurer of a vehicle who denied no-fault coverage, and when the applicable...

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