LEONARD v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

780 CA 19-00503.

175 A.D.3d 1795 (2019)

109 N.Y.S.3d 788

2019 NY Slip Op 06893

Jesica Leonard, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant.

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

September 27, 2019.


Attorney(s) appearing for the Case

KORNFELD, REW, NEWMAN & SIMEONE, SUFFERN ( WILLIAM S. BADURA OF COUNSEL), FOR RESPONDENT-APPELLANT.

FITZSIMMONS, NUNN & PLUKAS, LLP, ROCHESTER ( JASON E. ABBOTT OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order granting petitioner's application for leave to file a late notice of claim against it. We affirm. On December 21, 2017, petitioner, a hospital employee, was injured while assisting a patient into a vehicle at the hospital entrance. While standing next to the vehicle, she was struck by a passing vehicle that stopped momentarily, but...

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