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

33073/18E. Appeal No. 12159. Case No. 2020-01912.

187 A.D.3d 596 (2020)

131 N.Y.S.3d 122

2020 NY Slip Op 06009

In the Matter of Wendy Brioso, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant.

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

Decided October 22, 2020.

Petitioner sustained her initial burden of demonstrating that she was a "qualified" person under Insurance Law § 5218(a), based on her statement that she was injured in an accident involving a motorcycle, the owner of the vehicle could not be ascertained, she did not own a motor vehicle and she lived with her daughter, who was not an "insured person" (see Matter of Laszlone v Motor Veh. Acc. Indem. Corp., 167 A.D.3d 894, 894...

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