Can a motor vehicle accident victim sue the driver of the vehicle in which he was a passenger?
The following excerpt is from Hyatt v. State, 114 N.Y.S.3d 183 (Table), 63 Misc.3d 1205 (A) (N.Y. Ct. Cl. 2018):
It is also noted that movant has another available remedy against the driver of the vehicle in which he was a passenger. Another factor weighing against granting movant's application is movant's failure to provide timely notice to defendant and an opportunity to investigate the accident. Defendant, however, did not establish that it has suffered substantial prejudice in that regard (see Matter of Newcombe v. Middle Country Cent. Sch. Dist. , 28 NY3d 455 [2016] ).
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