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  5. 49 N.Y.2d 451 (1980)
 

KURCSICS v. MERCHS. MUT.

49 N.Y.2d 451 (1980)

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

Court of Appeals of the State of New York.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Willard M. Pottle, Jr., for appellant.

Lawrence H. Wagner and J. Scott Marshall for respondent.

Robert Abrams, Attorney-General (Rosalind Fink of counsel), for Superintendent of Insurance, amicus curiae.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur with Judge JASEN; Judge GABRIELLI dissents and votes to affirm in a separate opinion.

JASEN, J.

This appeal raises a question of first impression in this court concerning the construction of the phrase "first party benefits" as used in article 18 of the Insurance Law (§§ 670-678), New York's Comprehensive Automobile Insurance Reparations Act, which provides no-fault insurance protection to "covered persons". Specifically, we are asked to decide whether a covered person who has sustained...

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