KURCSICS v. MERCHS. INS.


65 A.D.2d 192 (1978)

Otto Kurcsics, Respondent-Appellant, v. Merchants Mutual Insurance Company, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 15, 1978


Attorney(s) appearing for the Case

Wilkin, Good, Lopat & Beyer (Lawrence H. Wagner of counsel), for appellant-respondent.

Dobozin & Pottle (Willard M. Pottle, Jr., of counsel), for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Samuel Hirshowitz and Eileen A. Shapiro of counsel), for Superintendent of Insurance, amicus curiae.

MARSH, P. J., DILLON, HANCOCK, JR., and SCHNEPP, JJ., concur.


WITMER, J.

This appeal depends upon the meaning of "first party benefits" in article 18 of the Insurance Law (§§ 670-678), New York's Comprehensive Automobile Insurance Reparations Act, providing for no-fault insurance protection to "covered persons" and requires us to construe that law with particular reference to paragraph (a) of subdivision 2 of section 671 thereof. Plaintiff has lost in excess of...

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