Home/Appellate Division of the Supreme Court of New York/Pena v. Motor Vehicle Accident Indemnification Corp.

Pena v. Motor Vehicle Accident Indemnification Corp.

99 A.D.3d 475, 951 N.Y.2d 398
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 9, 2012
StatusPublished

This text of 99 A.D.3d 475 (Pena v. Motor Vehicle Accident Indemnification Corp.) 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
Pena v. Motor Vehicle Accident Indemnification Corp., 99 A.D.3d 475, 951 N.Y.2d 398 (N.Y. Ct. App. 2012).

Opinion

Supreme Court properly determined that petitioner satisfied the statutory conditions for commencing suit against MVAIC (see Insurance Law § 5218 [b]; Cardona v Martinez, 61 AD3d 462 [1st Dept 2009]). To the extent the complaint report prepared by the New York City Police Department contradicts the allegations in the petition, the conflict merely presents an issue of fact to be resolved in the plenary action.

We have considered MVAIC’s remaining arguments and find them unavailing. Concur — Tom, J.P, Mazzarelli, Catterson, Renwick and DeGrasse, JJ.

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Related

Cardona v. Martinez
61 A.D.3d 462 (Appellate Division of the Supreme Court of New York, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
99 A.D.3d 475, 951 N.Y.2d 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pena-v-motor-vehicle-accident-indemnification-corp-nyappdiv-2012.