COLON v. AETNA CAS. & SUR.


64 A.D.2d 498 (1978)

Gilbert Colon, Appellant, v. Aetna Casualty & Surety Company, Respondent

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

November 20, 1978


Attorney(s) appearing for the Case

Gitomer, Schwimmer & Gitomer, P. C. (Richard Klein of counsel), for appellant.

J. Robert Morris (Joseph D. Ahearn of counsel), for respondent.

MARTUSCELLO, LATHAM and HAWKINS, JJ., concur.


HOPKINS, J. P.

This appeal presents a question of the interpretation of the Comprehensive Automobile Insurance Reparations Act — the "no-fault" statute (Insurance Law, art 18). The question, briefly stated, is whether a driver who alights from his disabled automobile, walks along the highway and is struck by a passing automobile, is entitled to first-party benefits under the insurance policy covering the...

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