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ARCHER v. MOTOR VEH. CORP.

2012-08513, Index No. 22753/11.

118 A.D.3d 5 (2014)

985 N.Y.S.2d 96

2014 NY Slip Op 2732

ALEKSEI ARCHER, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

Decided April 23, 2014.

Attorney(s) appearing for the Case

Cruz & Gangi and Associates and Kornfeld, Rew, Newman & Simone, Suffern ( Scott A. Dow of counsel), for appellant.

Sullivan & Brill, LLP, New York City ( Courtney M. Haskins of counsel), for respondent.

MASTRO, J.P. ROMAN and MILLER, JJ., concur.

OPINION OF THE COURT

HINDS-RADIX, J.

At issue on this appeal is whether Insurance Law § 5214 bars the entry of a default judgment against the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) where it has defaulted in an action brought directly against it by an injured person. We conclude that Insurance Law § 5214 does not apply in these circumstances, and that leave to enter a default judgment against MVAIC was properly granted...

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