GEN. ACCIDENT FIRE & LIFE INS. CO. v. AVLONITIS


156 A.D.2d 424 (1989)

General Accident Fire and Life Insurance Company, Respondent, v. Theopilos Avlonitis, Appellant

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

December 11, 1989


Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, it is declared that the plaintiff is not entitled to a de novo adjudication of the no-fault claim in question pursuant to Insurance Law § 5106 (c), the matter is remitted to the Supreme Court, Queens County, for a determination of the amount of counsel fees to be awarded to the defendant, and the complaint is otherwise dismissed.

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