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MATTER OF PENA v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

8214, 260193/11.

99 A.D.3d 475 (2012)

951 N.Y.S.2d 398

2012 NY Slip Op 6734

In the Matter of PEDRO MANUEL PENA, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

October 9, 2012.

Supreme Court properly determined that petitioner satisfied the statutory conditions for commencing suit against MVAIC (see Insurance Law § 5218 [b]; Cardona v Martinez, 61 A.D.3d 462 [1st Dept 2009]). To the extent the complaint report prepared by the New York City Police Department contradicts the allegations in the petition, the conflict merely presents an issue of fact to be resolved in the plenary action.

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