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STEELE v. MOTOR VEH. ACC.

39 A.D.3d 78 (2007)

829 N.Y.S.2d 467

CANDI STEELE, Appellant, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Respondent.

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

February 1, 2007.

Attorney(s) appearing for the Case

Raymond Schwartzberg & Associates, PLLC, New York City (Raymond Schwartzberg of counsel), for appellant.

Morris, Duffy, Alonso & Faley, LLP, New York City (Anna J. Ervolina, Yolanda L. Ayala and Andrea M. Alonso of counsel), for respondent.

MAZZARELLI, J.P., FRIEDMAN, WILLIAMS and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

On April 8, 1998, while bicycle riding with a friend, the 13-year-old petitioner was struck by what the children described as a "van," which then drove off. Petitioner suffered a fractured jaw, inter alia, that required surgical intervention. On June 26, 1998, petitioner, a qualified person under the Motor Vehicle Accident Indemnification Corporation (MVAIC) Act (see Insurance Law § 5202 [b]), acting through...

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