Appellate Division of the Supreme Court of New York, 2011

Kennedy v. Arif

Appellate Division of the Supreme Court of New York · Decided March 22, 2011

82 A.D.3d 1050; 919 N.Y.2d 362

Cases that cite this one

6 later published cases cite this decision.

Archer v. Motor Vehicle Accident Indemnification Corp. (Appellate Division of the Supreme Court of New York 2014)
Archer v. Motor Vehicle Accident Indemnification Corp. (Appellate Division of the Supreme Court of New York 2014)
Eisenhauer v. County of Nassau (Appellate Division of the Supreme Court of New York 2013)
Eisenhauer v. County of Nassau (Appellate Division of the Supreme Court of New York 2013)
Daley v. Pelzer (Appellate Division of the Supreme Court of New York 2012)
Daley v. Pelzer (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*1051Under the facts of this case, the Supreme Court properly directed the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) to interpose an answer to the complaint (see Insurance Law § 5214; see generally Tirado v Miller, 75 AD3d 153 [2010]). MVAIC’s contention that the plaintiffs motion should have been denied because he failed to comply with Insurance Law § 5208, is raised for the first time on appeal and, thus, is not properly before this Court (see Luciano v Our Lady of Sorrows School, 79 AD3d 705 [2010]; Spagnole v Staten Is. Univ. Hosp., 77 AD3d 816 [2010]; Matter of Insurance Co. of N. Am. v Kaplun, 274 AD2d 293, 299-300 [2000]). Rivera, J.E, Dillon, Hall and Roman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.