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Johnny Wu, Appellant, v. John Doe/Jane Doe et al., Defendants. Motor Vehicle Accident Indemnification Corporation, Nonparty Respondent

New York Supreme Court, Appellate Division2016-07-27
141 A.D.3d 71235 N.Y.S.3d 655

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Opinion

majority opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Nahman, J.), entered June 30, 2015, which denied his motion for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court properly denied his motion for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation (see Insurance Law § 5218; CPLR 304, 403; Archer v Motor Veh. Acc. Indem. Corp., 118 AD3d 5 [2014]; Matter of Acosta-Collado v Motor Veh. Acc. Indem. Corp., 103 AD3d 714, 715 [2013]).

Mastro, J.P., Rivera, Sgroi and Maltese, JJ., concur.