HUNACEK v. UNION WELFARE


100 Misc.2d 740 (1979)

Frederick Hunacek et al., Plaintiffs, v. Union Welfare Fund Local 202, Defendant.

Supreme Court, Trial Term, Queens County.

August 30, 1979


Attorney(s) appearing for the Case

Bertram Herman, P. C., for plaintiffs. Shapiro, Shiff, Beilly, Castleman & Fox for defendant.


HAROLD HYMAN, J.

The issue in this case is one of first impression. The novelty of the issue presented to the court herein, upon an agreed statement of facts, is whether by reason of the application of our "no-fault" statutes (Insurance Law, § 672; art 18) plaintiffs are entitled to a windfall, that is, in addition to payment under no-fault, are they entitled to duplicate such receipt of payment under defendant's Union Welfare Fund. The agreed upon...

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