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FRAGOSO v. MOTOR VEH. INDEM. CORP.

23 Misc.3d 430 (2009)

870 N.Y.S.2d 902

In the Matter of KAROLINA FRAGOSO, as Administrator of the Estate of JOSEPHINA DZWIGAJ, Deceased, Petitioner, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Defendant.

Supreme Court, Kings County.

Decided January 14, 2009.

Attorney(s) appearing for the Case

Moskowitz, Passman & Edelman, New York City, for petitioner.

Cruz & Gangland Associates, New York City, for respondent.

OPINION OF THE COURT

HERBERT KRAMER, J.

Does an individual who was knocked down by a hit-and-run driver and then hit by an insured driver a short time later have the right to sue Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) on her claim against the hit-and-run driver?

Petitioner administrator seeks leave to sue MVAIC for the conscious pain and suffering and wrongful death...

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