| Kennedy v Arif |
| 2011 NY Slip Op 02357 [82 AD3d 1050] |
| March 22, 2011 |
| Appellate Division, Second Department |
| Sean Kennedy, Respondent, v Chaudhry M. Arif,Defendant. Motor Vehicle Accident Indemnification Corporation, NonpartyAppellant. |
—[*1] Lozner & Mastropietro (Pollack, Pollack, Isaac & DeCicco, New York, N.Y. [Brian J. Isaacand Jillian Rosen], of counsel), for respondent.
In an action to recover damages for personal injuries, nonparty Motor Vehicle AccidentIndemnification Corporation appeals from an order of the Supreme Court, Kings County(Schmidt, J.), dated April 8, 2010, which granted the plaintiff's motion to compel it to satisfy ajudgment against the defendant Chaudhry M. Arif to the extent of compelling it to interpose ananswer to the complaint.
Ordered that the order is affirmed, with costs.
Under the facts of this case, the Supreme Court properly directed the Motor Vehicle AccidentIndemnification Corporation (hereinafter MVAIC) to interpose an answer to the complaint(see Insurance Law § 5214; see generally Tirado v Miller, 75 AD3d 153 [2010]). MVAIC'scontention that the plaintiff's motion should have been denied because he failed to comply withInsurance Law § 5208, is raised for the first time on appeal and, thus, is not properlybefore this Court (see Luciano v OurLady of Sorrows School, 79 AD3d 705 [2010]; Spagnole v Staten Is. Univ. Hosp., 77 AD3d 816 [2010]; Matterof Insurance Co. of N. Am. v Kaplun, 274 AD2d 293, 299-300 [2000]). Rivera, J.P., Dillon,Hall and Roman, JJ., concur.