AQUERO v. NELSON

Index No. 162066/18. Appeal No. 13065. Case No. 2020-01928.

191 A.D.3d 458 (2021)

138 N.Y.S.3d 312

2021 NY Slip Op 00788

Roberto Aquero, Respondent, v. Christopher Nelson, Sr., et al., Defendants, and Motor Vehicle Accident Indemnification Corporation (MVAIC), Appellant.

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

Decided February 9, 2021.


Attorney(s) appearing for the Case

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

The Feinsilver Law Group, P.C., Brooklyn ( H. Jonathan Rubinstein of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.


On its motion, MVAIC failed to show that plaintiff was not a "qualified person" under Insurance Law § 5202(b). Plaintiff, then 10 years old, was the victim of a hit-and-run incident in which he was injured while playing outside his home in New York County with his brother.

The applicable three-year statute of limitations for a personal injury action was tolled until January 7, 2016, when plaintiff turned 18, and expired three years later on that date (see...

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