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MEJIA v. SANTOS

10 Misc.3d 831 (2005)

805 N.Y.S.2d 269

MICHAEL MEJIA, an Infant, by His Mother and Natural Guardian, SARITA MEJIA, Plaintiff, v. JOSE SANTOS et al., Defendants.

Supreme Court, Bronx County.

September 30, 2005.

Attorney(s) appearing for the Case

Pena & Kahn, Bronx (Claire M. Garcia of counsel), for plaintiff.

Kathleen M. Sweeney, New York City (Ann Gangi and Joseph Guerra of counsel), for Motor Vehicle Accident Indemnification Corporation.

OPINION OF THE COURT

LUCY BILLINGS, J.

Plaintiff seeks relief pursuant to Insurance Law § 5201 (b) (6) and § 5206 (e) to join the Motor Vehicle Accident Indemnification Corporation (MVAIC) in this action against an uninsured owner of a motor vehicle that plaintiff claims injured him on July 22, 1998, or to sue MVAIC directly on that claim. The relief sought requires the court to determine an issue not squarely addressed before: whether an owner...

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