MATTER OF BRANDON v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


233 A.D.2d 604 (1996)

649 N.Y.S.2d 242

In the Matter of Shameika Brandon, an Infant, by Pamela Morton, Her Mother and Guardian, et al., Respondents, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

November 7, 1996


Casey, J.

Insurance Law § 5218 permits suit directly against respondent where a person has been injured by an automobile and cannot establish the identity of the owner and operator or the vehicle was used without the owner's consent by an unknown person. Here, however, the record establishes that petitioner Shameika Brandon was injured in a one-car accident involving a known owner and operator. Nevertheless, Supreme Court

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