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IN THE MATTER OF KOBECK v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

16 Misc.3d 592 (2007)

836 N.Y.S.2d 864

In the Matter of DEBRA ANN KOBECK, Plaintiff, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION et al., Defendants.

Supreme Court, Madison County.

June 4, 2007.

Attorney(s) appearing for the Case

R. Robert Sossen, Jr., for plaintiff.

Bond, Schoeneck & King, PLLC (Lillian Abbott Pfohl of counsel), for Motor Vehicle Accident Indemnification Corporation, defendant.

O'Shea, McDonald, Panzone & Stevens, LLP (John A. Panzone of counsel), for State Farm Insurance Companies, defendant.

OPINION OF THE COURT

DENNIS K. MCDERMOTT, J.

This is an application made pursuant to Insurance Law § 5218 for leave to assert a claim against the defendant Motor Vehicle Accident Indemnification Corporation (MVAIC).

The facts of this case are not in dispute. At approximately 12:30 A.M. on June 22, 2004, plaintiff was lawfully operating a motor vehicle on Seneca Street in the city of Oneida, Madison...

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