Opinion
March 27, 1995
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs, to the respondents appearing separately and filing separate briefs.
Jimoul Jackson died as a result of injuries he sustained while a passenger in a stolen vehicle. The plaintiff Varnzell Jackson, the deceased's representative, commenced this declaratory judgment action to determine whether the decedent was entitled to insurance coverage.
If a passenger in a stolen vehicle is injured, and that passenger knows that the automobile has been stolen either when he enters it or he remains therein after acquiring such knowledge, such a passenger is not an "innocent victim" pursuant to Insurance Law § 5201, and is barred from recovery against the Motor Vehicle Accident Indemnification Corporation as a matter of law (see, Matter of MVAIC [Levy], 17 A.D.2d 965).
Here, the uncontroverted proof established that the deceased was not an "innocent victim" within the meaning of Insurance Law § 5201.
We have reviewed the plaintiffs' remaining contentions and find that they do not warrant reversal. Thompson, J.P., Lawrence, Hart and Goldstein, JJ., concur.