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

2020-01503. Index No. 515692/19.

219 A.D.3d 826 (2023)

195 N.Y.S.3d 115

2023 NY Slip Op 04376

In the Matter of Graciela Benalcazar, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Bergman Bergman Fields & Lamonsoff, LLP, Hicksville, NY ( Clifford D. Gabel , Michael E. Bergman , and Julie T. Mark of counsel), for appellant.

Jaime E. Gangemi (Kornfeld, Rew, Newman & Simeone, Suffern, NY [ William S. Badura ], of counsel), for respondent.

Barros, J.P., Maltese, Ford and Dowling, JJ., concur.

In a proceeding pursuant to Insurance Law § 5218 for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the petitioner appeals from an order of the Supreme Court, Kings County (Carl J. Landicino, J.), dated December 6, 2019. The order denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to...

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