PERKINS v. MERCHS. MUT


41 N.Y.2d 394 (1977)

Edward C. Perkins, Respondent, v. Merchants Mutual Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided February 24, 1977.


Attorney(s) appearing for the Case

Thomas A. Ford and John J. McCall, Buffalo, for appellant.

John Marshall Gorman, Buffalo, for respondent.

Edward J. Hart, Merrick, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.


FUCHSBERG, J.

The question presented on this appeal is whether plaintiff, a motorcyclsit who was injured in a collision with an automobile, is entitled to the out-of-pocket medical and hospital expenses and lost earnings recoverable as "first party benefits" under a "no-fault" policy of insurance issued by the defendant to enable the automobile owner to comply with the provisions of article XVIII of the Insurance...

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