Ayala v. Reyes

In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Kings County, dated June 21, 1977, which denied their motion to dismiss the action. Order reversed, on the law, without costs or disbursements, and motion granted. Plaintiff was injured in an automobile accident in October, 1975. Defendants moved to dismiss the action on the ground that it was barred by the Comprehensive Automobile Insurance Reparations Act (see Insurance Law, § 670 et seq.). A hearing was held on the motion before a referee designated to hear and determine…