Government Employees Insurance v. Jacobson

— In an action to recover payments made by plaintiff to defendant which were allegedly additional first-party benefits, defendant appeals from a judgment of the Supreme Court, Nassau County (Morrison, J.), entered August 27, 1982, which, upon granting plaintiff’s cross motion for summary judgment, awarded it the principal sum of $8,283.40. Judgment reversed, without costs or disbursements, and matter remitted to Special Term for a trial in accordance herewith. On September 1,1977, defendant Benjamin Jacobson was a passenger in an automobile owned and operated by one Louis Tosi, which…