Matter of Pena v Motor Veh. Acc. Indem. Corp.

Matter of Matter of Pena v Motor Veh. Acc. Indem. Corp. 2012 NY Slip Op 06734 Decided on October 9, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 9, 2012
Tom, J.P., Mazzarelli, Catterson, Renwick, DeGrasse, JJ.
8214 260193/11

[*1]In re Pedro Manuel Pena, Petitioner-Respondent,

v

Motor Vehicle Accident Indemnification Corporation, Respondent-Appellant.




Kornfeld, Rew, Newman & Simeone, Suffern, (William S.
Badura of counsel), for appellant.
Brian D. Primes, Bronx (Victor A. Carr of counsel), for
respondent.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 20, 2011, which, in an action to recover for personal injuries allegedly sustained in a hit-and-run accident, granted petitioner's motion, pursuant to Insurance Law § 5218, for leave to bring an action against respondent, the Motor Vehicle Accident Indemnification Corporation (MVAIC), unanimously affirmed, without costs.

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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 9, 2012

CLERK