HILDEBRANDT v. KALTEUX


98 Misc.2d 1062 (1979)

John Hildebrandt et al., Plaintiffs, v. William Kalteux et al., Defendants.

Supreme Court, Special Term, Albany County.

April 11, 1979


Attorney(s) appearing for the Case

George H. Lowe, United States Attorney (Terrence M. Kelly of counsel), for United States of America, plaintiff. William A. Sekellick for defendants.


HAROLD J. HUGHES, J.

The issue presented on this motion to dismiss for failure to state a cause of action is whether New York's no-fault law which precludes a plaintiff from recovering basic economic loss (lost earnings and medical expenses) in a personal injury action against the tort-feasor likewise bars the Federal Government from intervening in the State court action pursuant to the Medical Care Recovery...

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