COUNTRY-WIDE v. CASALE


116 Misc.2d 282 (1982)

Country-Wide Insurance Company, Plaintiff, v. Gregory Casale, Defendant.

Civil Court of the City of New York, Special Term, New York County.

November 8, 1982


Attorney(s) appearing for the Case

McLaughlin, Simone & Lawlor (Cora B. Ayubo of counsel), for defendant. Held, Cheven, Sternberg & Held (Marvin Epstein of counsel), for plaintiff.


RICHARD S. LANE, J.

Defendant moves to dismiss for failure to state a cause of action. Opposition premised on the oft-called landmark decision in Nationwide Mut. Ins. Co. v Country-Wide Ins. Co. (77 A.D.2d 304, mot to dismiss app granted 52 N.Y.2d 1071) tests the very fabric of the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18; popularly known as the No-Fault Law).

Plaintiff...

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