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GEICO v. SILVERBERG

111 Misc.2d 175 (1981)

Government Employees Insurance Company, Plaintiff, v. Suzanne Silverberg, an Infant, by Her Father and Natural Guardian, Irwin Silverberg, Defendant.

Supreme Court, Trial Term, New York County.

October 28, 1981

Attorney(s) appearing for the Case

Morris, Duffy, Ivon & Jensen (Thomas Principe of counsel), for plaintiff. Irom & Wittels (Benjamin Gould of counsel), for defendant.

SHANLEY N. EGETH, J.

Plaintiff herein, Government Employees Insurance Company (GEICO), seeks a de novo adjudication in the nature of a declaratory judgment that the defendant Silverberg is ineligible for no-fault insurance P.P. benefits because she was injured in an accident while a passenger on a vehicle claimed to be a motorcycle, whose occupants are excluded by statute from the collection of such benefits.

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