Sean Kennedy, respondent, v. Chaudhry M. Arif, defendant;  Motor Vehicle Accident Indemnification Corporation, nonparty-appellant. (2011)

Argued-February 24, 2011

DECISION & ORDER

In an action to recover damages for personal injuries, nonparty Motor Vehicle Accident Indemnification Corporation appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated April 8, 2010, which granted the plaintiff's motion to compel it to satisfy a judgment against the defendant Chaudhry M. Arif to the extent of compelling it to interpose an answer to the complaint.

ORDERED that the order is affirmed, with costs.

Under the facts of this case, the Supreme Court properly directed the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) to interpose an answer to the complaint (see Insurance Law § 5214;  see generally Tirado v. Miller, 75 AD3d 153).   MVAIC's contention that the plaintiff's motion should have been denied because he failed to comply with Insurance Law § 5208, is raised for the first time on appeal and, thus, is not properly before this Court (see Luciano v Our Lady of Sorrows School, 79 AD3d 705;  Spagnole v. Staten Is. Univ. Hosp., 77 AD3d 816;  Matter of Insurance Co. of N. Am. v Kaplun, 274 A.D.2d 293, 299-300).

RIVERA, J.P., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court