N.Y.
Insurance Law Section 5211
Hearing on application for payment of judgment
(a)
The court shall proceed upon the petition in a summary manner and the petitioner must show:(1)
the petitioner is a qualified person;(2)
the petitioner was not at the time of the accident operating an uninsured motor vehicle or operating a motor vehicle in violation of an order of suspension or revocation;(3)
the petitioner has complied with the requirements of § 5208 (Notice of claim)section five thousand two hundred eight of this article;(4)
whether the judgment debtor at the time of the accident was insured under a policy of motor vehicle liability insurance or indemnity bond under which the insurer or surety is liable to pay all or part of the judgment;(5)
the petitioner has obtained a judgment as provided in § 5210 (Application for payment of judgment)section five thousand two hundred ten of this article, the amount of the judgment and the amount unpaid at the date of the application;(6)
the application is not made by or on behalf of any insurer or surety liable for the payment of all or part of the judgment by reason of any motor vehicle liability insurance policy or any indemnity bond and that no part of the amount to be paid by the corporation is sought in lieu of making a claim, receiving a payment which is payable by, or to indemnify, such an insurer or surety; and(7)
whether he has obtained judgment against any other person liable for damages for bodily injury or death arising out of the accident and the amounts paid.(b)
The corporation may appear and be heard in opposition to the petition.
Source:
Section 5211 — Hearing on application for payment of judgment, https://www.nysenate.gov/legislation/laws/ISC/5211 (updated Sep. 22, 2014; accessed Apr. 20, 2024).
