N.Y. Insurance Law § 5210: Application for payment of judgment

§ 5210. Application for payment of judgment. (a) When any qualified

person who has complied with all the applicable requirements of this

article recovers a final judgment in a court against a financially

irresponsible motorist, for injury to, or death of, any person arising

out of the ownership, maintenance or use of the uninsured motor vehicle

in this state, which remains unpaid, and all appeals have been concluded

or the time for commencing them has expired, the judgment creditor may

file a verified petition in the court in which the judgment was entered

and, upon ten days' written notice to the corporation apply to the court

for an order directing payment by the corporation of the amount unpaid

on the judgment. However, there shall be no right of recovery by a

covered person from the corporation for non-economic loss unless such

person has incurred a serious injury, as such terms are defined in

section five thousand one hundred two of this chapter. Such judgment

exclusive of interest and costs shall not exceed:

(1) twenty-five thousand dollars on account of injury to one person in

any one accident, and

(2) fifty thousand dollars on account of death to one person in any

one accident, and

(3) fifty thousand dollars on account of injury to more than one

person in any one accident subject to the limit of twenty-five thousand

dollars for any one person, and

(4) one hundred thousand dollars on account of death to more than one

person in any one accident subject to the limit of fifty thousand

dollars for any one person.

(b) The above applicable limit of liability shall be reduced by the

amount of:

(1) any collectible liability insurance and available assets or

contribution of the financially irresponsible motorist; and

(2) any payment received by the qualified person from or on behalf of

any person jointly or severally liable with the financially

irresponsible motorist.

(c) Any such judgment shall be regarded as excess to any other

collectible liability insurance afforded to any financially

irresponsible motorist.