MATTER OF CITY OF SYRACUSE v. UTICA MUT. INS. CO.


61 N.Y.2d 691 (1984)

In the Matter of the City of Syracuse, Appellant, v. Utica Mutual Insurance Company, Respondent. (Proceeding No. 1.) In the Matter of the City of Syracuse, Appellant, v. Utica Mutual Insurance Company, Respondent. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided January 10, 1984.


Attorney(s) appearing for the Case

David M. Garber, Corporation Counsel (James L. Gelormini of counsel), for appellant.

Thomas D. Keleher for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.


MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs.

The Legislature in enacting section 674 of the Insurance Law adopted a new procedure which authorizes first-party benefits with a resulting equitable adjustment between insurers without the need for the formalities applicable to claims and lawsuits. In our view the comprehensive nature of the no-fault legislation and the absence therefrom...

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