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STATE FARM MUT. AUTO. INS. CO. v. LA FORTE

125 A.D.2d 563 (1986)

State Farm Mutual Automobile Insurance Co., as Subrogee of Mary E. McCormack, Appellant, v. John F. La Forte, Respondent

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

December 22, 1986

Ordered that the judgment is reversed, on the law, with costs, the defendant's motion for summary judgment is denied.

The plaintiff's insured, Mary Ellen McCormack, was struck by the defendant's car while she was crossing Merrick Road in Seaford. McCormack instituted an action against the defendant to recover damages solely for conscious pain and suffering. Thereafter, McCormack reached a settlement agreement with Aetna Casualty and Surety Company (hereinafter Aetna...

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