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MATTER OF GRAVES v. MVAIC

530 CA 20-01482.

197 A.D.3d 943 (2021)

150 N.Y.S.3d 646

2021 NY Slip Op 04840

In the Matter of Samid Graves, Respondent, v. MVAIC, Appellant, and State Farm Insurance Company, Respondent.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

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

SPADAFORA & VERRASTRO, LLP, BUFFALO ( JOSEPH A. TODORO OF COUNSEL), FOR PETITIONER-RESPONDENT.

HAGELIN SPENCER LLC, BUFFALO ( LAURA B. GARDINER OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Smith, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and that part of the application seeking leave to proceed with an action against respondent MVAIC is denied.

Memorandum: In this proceeding petitioner, allegedly the victim of a hit-and-run accident, made an application for, inter alia, leave to proceed with an action against respondent MVAIC pursuant to Insurance Law § 5218. MVAIC appeals from an order granting...

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