JOSEPH PERL, et al., Appellants,
v.
MEHMOOD MEHER et al., Respondents.
DAVID ADLER et al., Appellants,
v.
PINCUS BAYER et al., Respondents.
SHEILA TRAVIS, Appellant, et al., Plaintiffs,
v.
NASSIROU M. BATCHI et al., Respondents.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued October 19, 2011.
Decided November 22, 2011.
Attorney(s) appearing for the Case
Law Offices of Annette G. Hasapidis, South Salem ( Annette G. Hasapidis of counsel), and Schwartz, Goldstone & Campisi, LLP, New York City, for Joseph Perl and another, appellants in the first above-entitled action.
Law Offices of Annette G. Hasapidis, South Salem ( Annette G. Hasapidis of counsel), and Schwartz, Goldstone & Campisi, LLP, New York City (Joseph Campisi of counsel), for David Adler and another, appellants in the second above-entitled action.
Grant & Longworth, LLP, Bronx ( Marie R. Hodukavich of counsel), for Sheila Travis, appellant in the third above-entitled action.
Baker, McEvoy, Morrissey & Moskovits, P.C., New York City ( Marjorie E. Bornes and Stacy R. Seldin of counsel), for Mehmood Meher and others, respondents in the first and third above-entitled actions.
Kaplan, Hanson, McCarthy, Adams, Finder & Fishbein, Yonkers ( Jeffrey A. Domoto of counsel), for Pincus Bayer and another, respondents in the second above-entitled action.
Israel, Israel & Purdy, LLP, Great Neck ( Stuart M. Israel of counsel), for New Yorkers for Fair Automobile Insurance Reform, amicus curiae, in the first above-entitled action.
Nicholas I. Timko , New York City, for New York State Trial Lawyers Association, amicus curiae, in the first above-entitled action.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.
Court of Appeals of New York.
OPINION OF THE COURT
SMITH, J.
In Pommells v Perez (4 N.Y.3d 566, 571 [2005]), then Chief Judge Kaye described the working of the No-Fault Law (officially the Comprehensive Motor Vehicle Insurance Reparations Act, Insurance Law § 5101 et seq.) by saying: "Abuse . . . abounds." That included, she said, "abuse . . . in failing to separate `serious injury' cases" from others (id.).
No-fault...
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