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GURNEE v. AETNA LIFE & CAS

104 Misc.2d 840 (1980)

Morris C. Gurnee, on Behalf of Himself and All Other Persons Similarly Situated, Plaintiff, v. Aetna Life and Casualty Company, on Behalf of Itself and All Other Insurance Companies Similarly Situated, Defendant.

Supreme Court, Erie County.

June 17, 1980.

Attorney(s) appearing for the Case

Raichle, Banning, Weiss & Halpern (Ralph L. Halpern of counsel), and Cahill, Gordon & Reindel (Charles Platto of counsel), for defendant. Dobozin & Pottle (Willard M. Pottle, Jr., of counsel), for plaintiff.

JAMES B. KANE, J.

This action arises out of the February 20, 1980 decision of the Court of Appeals in Kurcsics v Merchant Mut. Ins. Co. (49 N.Y.2d 451) wherein it was held that a covered person who has sustained a loss of earnings in excess of $1,000 per month is entitled to recover as first-party benefits 80% of his actual lost earnings up to a maximum recovery of...

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