Sullivan ex rel. Sullivan v. Motor Vehicle Accident Indemnification

18 Misc. 2d 961 · New York Supreme Court · 1959

Facts

A 17-year-old infant was injured while riding in a stolen car, leading to hospitalization and arrest, though criminal charges were later dismissed. The infant sought to file a late notice of claim with an insurance corporation under Insurance Law § 608.

Issue

Did the infant petitioner's hospitalization and arrest constitute a disability or meritorious reason sufficient to grant leave for a late filing of a notice of claim under Insurance Law § 608?

Holding

No. The court dismissed the petition, finding that the petitioner failed to provide a meritorious reason for the delay, and the arrest did not disable him from filing.

Rule

Insurance Law § 608 allows for late filing of a notice of claim by an infant if a disability prevented timely filing and it was filed as soon as reasonably possible, or if a court grants leave within 120 days upon satisfactory proof of delay. However, mere arrest or hospitalization without a showing of actual prevention from filing is not sufficient.

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Case brief last reviewed 2026-01-15. Prepared by CaseReader from the published opinion.