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MATTER OF CACERES v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

37 A.D.3d 215 (2007)

829 N.Y.S.2d 487

In the Matter of TULIA CACERES, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

Decided February 8, 2007.

Where, as here, a question exists as to whether an accident report was timely filed pursuant to Insurance Law § 5208 (a) (2) (A), "and the issue cannot be resolved without a determination of the credibility of [the petitioner]," an evidentiary hearing is appropriate (Matter of Country Wide Ins. Co. [Russo], 201 A.D.2d 368, 370-371 [1994]). Although respondent did not answer the petition pursuant to CPLR 402, the pleading omission...

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