1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 96 Misc.2d
  5. 96 Misc.2d 65 (1978)
 

HOPKINS v. MARGOLIAS

96 Misc.2d 65 (1978)

John Hopkins, Respondent, v. Stephen M. Margolias, Appellant.

Supreme Court, Appellate Term, Second Department.

July 6, 1978

Attorney(s) appearing for the Case

Lawrence A. Smith and Raymond M. Sales for respondent. Held Chevan Sternberg & Held (Bernard Meyerson of counsel), for appellant.

Concur — BUSCHMANN, P. J., MANGANO and HIRSCH, JJ.

MEMORANDUM.

Judgment unanimously reversed, without costs, and a new trial ordered.

In this negligence action it was error to strike the affirmative defense, as to the cause of action for personal injuries, that the statutory threshold had not been reached (see Insurance Law, § 671, subd 4). The voluntary payment by the defendant's insurer to plaintiff of first-party benefits in the sum of approximately $750...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases