CLEMENS v. APPLE


102 A.D.2d 236 (1984)

John Clemens et al., Appellants, v. Henry R. Apple, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 21, 1984


Attorney(s) appearing for the Case

DeGraff, Foy, Conway, Holt-Harris & Mealey (John T. DeGraff, Jr., and James T. Potter of counsel), for appellants.

Hesson, Ford, Sherwood & Whalen (H. Neal Conolly of counsel), for respondent.

MAIN, J. P., CASEY and HARVEY, JJ., concur.


YESAWICH, JR., J.

On December 8, 1977, plaintiff John Clemens, a victim of Alzheimer's disease, was involved in a motor vehicle accident with defendant. Approximately two years later, Clemens underwent surgery for removal of a herniated disc. Claiming that the degenerative herniated disc condition he suffered from due to his disease had been aggravated by the car accident, Clemens applied for, but his insurance carrier denied, no-fault insurance benefits...

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