Harley v. United Services Automobile Ass'n

Appeal from an order of the Supreme Court (Travers, J.), entered February 27, 1992 in Rensselaer County, which granted a motion by defendant United Services Automobile Association to dismiss the complaint against it and denied plaintiffs cross motion for a default judgment.

As a result of injuries sustained when his vehicle was struck by a vehicle driven by defendant Richard Lamanna in February 1987, plaintiff filed a claim for first-party no-fault benefits with his insurer, defendant United States Automobile Association (hereinafter USAA). USAA paid no-fault benefits to plaintiff until August…