Barker v. Scott

Motion to dismiss the second and third affirmative defenses pleaded in the answer in a negligence action (CPLR 3211, subd [b]).

Plaintiff wife sues to recover for personal injuries sustained as the result of a collision between an automobile operated by plaintiff husband, in which she was a passenger, and an *415automobile operated by the defendant. The complaint alleges that she sustained "serious injury”, as defined in subdivision 4 of section 671 of the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art. XVIII), and incurred damage in excess of the "basic economic loss”…