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Galarza v. Galarza

203 A.D.2d 515, 612 N.Y.S.2d 952, 1994 N.Y. App. Div. LEXIS 4300
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 25, 1994
StatusPublished

This text of 203 A.D.2d 515 (Galarza v. Galarza) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galarza v. Galarza, 203 A.D.2d 515, 612 N.Y.S.2d 952, 1994 N.Y. App. Div. LEXIS 4300 (N.Y. Ct. App. 1994).

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Gloria Cohen Aronin, J.), dated December 16, 1991, which denied her motion to compel the Motor Vehicle Accident Indemnification Corporation to accept as timely her notice of claim pursuant to Insurance Law § 5208.

Ordered that the order is affirmed, with costs.

Since the plaintiff did not demonstrate the requisite degree of diligence in ascertaining whether a policy of insurance was in effect at the time of the accident, her notice of claim was untimely (see, Insurance Law § 5208 [a] [3] [A] [ii]; Matter of Lloyd [MVAIC], 23 NY2d 478, 482; Sain v Forrest, 130 AD2d 733; Matter of Nassau Ins. Co. v Doyle, 114 AD2d 899). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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Related

In Re the Arbitration Between Lloyd & Motor Vehicle Accident Indemnification Corp.
245 N.E.2d 216 (New York Court of Appeals, 1969)
Nassau Insurance v. Doyle
114 A.D.2d 899 (Appellate Division of the Supreme Court of New York, 1985)
Sain v. Forrest
130 A.D.2d 733 (Appellate Division of the Supreme Court of New York, 1987)

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Bluebook (online)
203 A.D.2d 515, 612 N.Y.S.2d 952, 1994 N.Y. App. Div. LEXIS 4300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galarza-v-galarza-nyappdiv-1994.