PERCACCIO v. EMPIRE INS.


111 Misc.2d 1065 (1981)

Louis Percaccio, Jr., et al., Plaintiffs, v. Empire Mutual Insurance Company et al., Defendants.

Supreme Court, Special Term, Queens County.

December 16, 1981


Attorney(s) appearing for the Case

Bertram Herman, P. C., for plaintiffs. Raymond J. MacDonnell for Empire Mutual Insurance Company, defendant. Shayne, Dachs, Stanisci & Harwood for Prudential Property and Casualty Insurance Company, defendant. Stewart H. Friedman for Hartford Accident & Indemnity Company, defendant.


HAROLD HYMAN, J.

In this declaratory judgment action, plaintiffs move for summary judgment declaring that defendant Empire Mutual Insurance Company may not assert a no-fault lien against the proceeds of any recovery obtained by the plaintiffs in their claim for noneconomic loss and economic loss which exceeds basic economic loss arising out of an out-of-State motor vehicle accident.

On January 28, 1979 (subsequent to the amendment of article 18...

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