Trepel v. Motor VehicleAccident Indemnification Corporation

In Trepel v. Motor VehicleAccident Indemnification Corporation, 267 A.D.2d 228 [2d Dept. 1999], the court cited Matter of Betances v. MVAIC, 210 A.D.2d 475 for the proposition that the toll on the running of the prescriptive period is in effect during the pendency of the application pursuant toInsurance Law 5218 because, during this period, the plaintiff has no right to sue. The court also specifically included within the tolling period the time from the signing of the order and the date of entry of the order reasoning that the request for leave to sue is not finally determined until entry of the order (Trepel v. Motor Vehicle Accident Indemnification Corporation, supra., 267 A.D.2d at 229).