This decision has been referenced in a table in the New York Supplement.
Galvano & Xanthakis, PC, New York, for Plaintiff.
Brand Glick & Brand, PC, Garden City, for Defendants.
DORIS LING-COHAN, J.
The following papers, numbered 1-7 were considered on this motion and cross-motion for summary judgment:
Notice of Motion/Order to Show Cause,— Affidavits— Exhibits 1, 2, 3,
Answering Affidavits— Exhibits _________________________
Replying Affidavits _________________________ 7
Cross-Motion:[ ] Yes [X] No 4, 5, 6
Upon the foregoing papers, it is ordered that this motion and cross-motion
are decided as indicated below.
Plaintiff Calvin Alford commenced this action against defendant Fiduciary Insurance Company of America (Fiduciary Ins.) seeking no-fault benefits for injuries he sustained in an automobile accident. The facts of this action are uncontested. Plaintiff, a resident of the State of New York, did not own a car, nor did he reside with anyone who owned a car. In February 2009, plaintiff, a pedestrian, was struck, while crossing the street, by a vehicle insured by defendant Fiduciary Ins. Plaintiff was taken from the scene, to the hospital, by ambulance. Subsequently, plaintiff, and his counsel, attempted to obtain the identity of the vehicle that struck him, but was unable to ascertain such information until June 1, 2009. Nonetheless, in April 2009, plaintiff filed a timely application for benefits with the Motor Vehicle Accident Indemnification Corporation (MVAIC), and continued his efforts to discover the identity of the vehicle that struck him. On June 1, 2009, MVAIC responded to plaintiff's application for no-fault benefits, stating that the ...