Cole v. Berkowitz

But for the no-fault statute (Insurance Law, § 670 et seq.) this rather routine pedestrian knockdown case would have probably been enfolded in the happy anonymity of a postverdict settlement check, notwithstanding plaintiff’s motion to set aside the verdict as inadequate. As matters now stand, however, the plaintiffs case appears to have wholly slipped through the interstices of the legislative net.

Three months after the effective date of Comprehensive Automobile Insurance Reparations Act as it is formally titled, and on April 1, 1974, plaintiff Robert J. Cole was walking south along Eighth…