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

Index No. 802084/23, Appeal No. 2242, Case No. 2023-04805.

2024 NY Slip Op 02589

IN THE MATTER OF ARMANDO ESPINOZA, Petitioner-Respondent, v. THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Respondent-Appellant.

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

Decided May 9, 2024.


Attorney(s) appearing for the Case

Kornfeld, Rew, Newman & Simeone, Suffern ( Scott A. Dow of counsel), for appellant.

Lesch & Lesch, P.C., Bronx ( Beth S. Gereg of counsel), for respondent.

Before: Kern, J.P., Oing, Kennedy, Scarpulla, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Paul L. Alpert, J.), entered April 19, 2023, which granted petitioner's motion under Insurance Law § 5218 for leave to commence an action against respondent Motor Vehicle Accident Indemnification Corporation (MVAIC), unanimously affirmed, without costs.

Petitioner was involved in a hit-and-run accident on April 19, 2022. On June 13, 2022, he sent a letter to MVAIC requesting that his uninsured motorist claim be processed, attaching...

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