N.Y. Ins. Law § 5219

§ 5219. Disclaimer or denial of coverage cases. If a qualified person\nwho has complied with paragraph three of subsection (a) of section five\nthousand two hundred eight of this article obtains judgment against an\nowner of a motor vehicle after a trial on the merits and there is a\nfinal judgment in favor of the insurer of the owner based on a\ndisclaimer or denial of coverage by the insurer, the qualified person\nmay preserve his right to apply for payment from the corporation by\ncomplying with the procedure prescribed in section five thousand two\nhundred ten of this article.\n