Innes v. Public Service Mutual Insurance

Order unanimously affirmed, without costs. Memorandum: Plaintiff, who was injured when he drove his motorcycle into the rear of an automobile, appeals from the grant of summary judgment dismissing his complaint for recovery of first-party no-fault benefits for medical expenses and lost wages from the defendant insurer of his motorcycle and the defendant insurer of the automobile. We agree with Special Term’s conclusion that plaintiff was an “occupant” of his motorcycle and thus not eligible to recover first-party benefits pursuant to section 672 (subd 1, par [a]) of the Insurance Law, which…