ROBINSON v. SPARTA TAXI


80 Misc.2d 525 (1975)

Howard Robinson, an Infant, by His Mother and Natural Guardian, Charlena Robinson, et al., Plaintiffs, v. Sparta Taxi, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

January 2, 1975


Attorney(s) appearing for the Case

Queller & Fisher (Martin Block of counsel), for plaintiffs. Raymond J. MacDonnell and James S. Caporusso for defendants.


HAROLD HYMAN, J.

Plaintiffs move pursuant to CPLR 3211 (subd. [b]) to strike an affirmative defense and setoff asserted by defendants on the ground that a defense is not stated. The motion is one of first impression because the question involved is novel, requiring an interpretation of this State's commonly called "No-Fault Law" (Insurance Law, art. XVIII; Comprehensive Automobile Insurance Reparations Act,...

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