MONTGOMERY v. DANIELS


38 N.Y.2d 41 (1975)

Michael Montgomery et al., Infants, by Their Mother and Natural Guardian, Brenda Montgomery, et al., Respondents, et al., Plaintiff, v. Janice Daniels et al., Appellants, et al., Defendant, and Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1975.


Attorney(s) appearing for the Case

David W. Peck, John L. Warden and Kenneth M. Bialo for appellants.

Bernard S. Meyer and Henry Mark Holzer for respondents.

Louis J. Lefkowitz, Attorney-General (Irving Galt and Barry Dorfman of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and COOKE concur with Judge JONES; Judge FUCHSBERG concurs in a separate opinion.


JONES, J.

We hold that the New York no-fault automobile accident compensation law is not unconstitutional. This case comes to us on direct appeal (NY Const, art VI, § 3, subd b, par [2]; CPLR 5601, subd [b], par 2) from a judgment at Special Term which, on cross motions for summary judgment, declared article 18 of the Insurance Law in violation of the due process and equal protection clauses of the Federal...

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