Opinion
Submitted April 11, 2000.
May 22, 2000.
In an action to recover damages for personal injuries, etc., the Motor Vehicle Accident Indemnification Corporation appeals on behalf of the defendants from an order of the Supreme Court, Kings County (Belen, J.), dated April 7, 1999, which denied its motion for summary judgment dismissing the complaint insofar as asserted against the defendants.
Pat James Crispi, P.C., New York, N.Y., for appellants.
Galvano Xanthakis, P.C., New York, N.Y. (Anthony C. Xanthakis of counsel), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the appellants' contention, the Supreme Court correctly determined that the plaintiff Sahidha Murrell was a "qualified person" within the meaning of Insurance Law § 5202(b) (see, e.g., Matter of Jones v. Motor Vehicle Acc. Indemnification Corp., 172 A.D.2d 942; Matter of Motor Vehicle Acc. Indemnification Corp. [Mitchell], 155 A.D.2d 296).
BRACKEN, J.P., SULLIVAN, ALTMAN and McGINITY, JJ., concur.