GEORGE v. THOMAS

No. 94 Civ. 1576 (LAK).

888 F.Supp. 41 (1995)

Daniel GEORGE, et ano., Plaintiffs, v. Gregory THOMAS, et ano., Defendants.

United States District Court, S.D. New York.

June 15, 1995.


Attorney(s) appearing for the Case

Appen Menon, Menon & Posner, New York City, for plaintiffs.

Michael J. Sullivan, White & McSpedon, P.C., New York City, for defendants.


MEMORANDUM OPINION

KAPLAN, District Judge.

New York's so-called "no fault" law, broadly speaking, precludes recovery for noneconomic loss arising out of negligence in the use or operation of a motor vehicle in this State except in case of serious injury. N.Y.INSURANCE L. § 5104(a) (McKinney 1985). The issue in this case, which is tendered by defendants' motion for summary judgment dismissing the complaint, is whether plaintiffs have raised a genuine...

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