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MATTER OF MELE v. MOTOR VEH. ACC. INDEM. CORP.

2019-04098. Index No. 504027/16.

186 A.D.3d 1375 (2020)

129 N.Y.S.3d 1

2020 NY Slip Op 04948

In the Matter of John Mele, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent.

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

Decided September 16, 2020.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for an evidentiary hearing on the issue of whether the petitioner is a resident of New York and a new determination of the petition thereafter.

The petitioner sought leave pursuant to Insurance Law § 5218 to commence an action against the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) in connection with an alleged...

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