ROGERS v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION


300 A.D.2d 1000 (2002)

752 N.Y.S.2d 773

NAVADA E. ROGERS, Individually and as Parent and Natural Guardian of ASHLEY LEE, an Infant, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

Decided December 30, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is granted and the renewed application is dismissed.

Memorandum:

Defendant appeals from an order denying its cross motion to dismiss plaintiff's renewed application for leave to proceed with an action against it under Insurance Law § 5218. Contrary to plaintiff's contention...

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