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LOWELL v. MABSTOA

163 Misc.2d 676 (1994)

622 N.Y.S.2d 200

Scott Lowell, Plaintiff, v. Manhattan and Bronx Surface Transit Operating Authority, Defendant.

Supreme Court, New York County.

October 31, 1994

Attorney(s) appearing for the Case

Schneider, Kleinick, Weitz, Damashek, Godosky & Gentile (Richard Godosky of counsel), for plaintiff. Wallace D. Gossett (Michael Figliolia of counsel), for defendant.

LORRAINE S. MILLER, J.

Plaintiff, a 42-year-old self-employed delivery person, sustained a severe fracture of his right elbow on April 20, 1992 when his bicycle and a bus were in an accident in the Bowery and East 4th Street in the City of New York.

Defendant, the owner of the bus, refused to pay "no-fault" benefits denying that its bus was involved in the accident. The parties proceeded to arbitration...

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