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HENRY v. PHELPS

8990N, 152559/14.

171 A.D.3d 520 (2019)

98 N.Y.S.3d 46

2019 NY Slip Op 02801

Flossie Henry, Respondent, v. Tyett D. Phelps, Defendant. Motor Vehicle Accident Indemnification Corporation, Nonparty Appellant.

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

Decided April 11, 2019.

We find that the Supreme Court properly determined that plaintiff timely filed a notice of intention to make a claim with MVAIC (see Insurance Law § 5208 [a] [3] [A]). In 2012, plaintiff first commenced a timely action in Kings County against the operators of the motor vehicles, including Phelps, for injuries she sustained as Phelps' passenger on November 30, 2011, as a result of a motor vehicle collision. In March 2014, plaintiff commenced the underlying action...

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