MATTER OF ABDUL S. v. THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

7529. 18247/06.

166 A.D.3d 402 (2018)

88 N.Y.S.3d 30

2018 NY Slip Op 07351

In the Matter of Abdul S. et al., Appellants, v. The Motor Vehicle Accident Indemnification Corporation, Respondent.

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

Decided November 1, 2018.


In 2004, the infant petitioner, then five years old, was struck by a vehicle driven by nonparty Dazon Floyd. After obtaining a default judgment against Floyd, petitioners sought leave to pursue a claim against MVAIC under Insurance Law § 5218, which is entitled "Procedure for `hit and run' cases," meaning cases in which "the identity of the motor vehicle and of the operator and owner cannot be ascertained." Here, the evidence...

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