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ROBINSON v. LOWMAN

160589/18. Appeal No. 12590-12590A. Case No. 2020-02120. 2020-02355.

189 A.D.3d 515 (2020)

133 N.Y.S.3d 801

2020 NY Slip Op 07476

Latoya Robinson, Respondent, v. Benjamin Lowman et al., Defendants, and Motor Vehicle Accident Indemnification Corp., Appellant.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Kornfeld, Rew, Newman & Simeone, Suffern ( William S. Badura of counsel), for appellant.

Friedman & Simon, L.L.P., Jericho ( John G. Papadopoulos of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

The court correctly determined that plaintiff timely filed a notice of intention to make a claim with MVAIC (see Insurance Law § 5208[a][3]). It is undisputed that plaintiff was struck by a vehicle operated by defendant Lowman on August 9, 2017, and on August 16, 2017 completed MVAIC's notice of intention to make a claim. The vehicle, owned by defendant Howley, had been reported stolen the day before the accident. By letter dated September 22, 2017, and addressed...

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