Bond v. Hitchcock

—Order unanimously affirmed, with costs to respondent Hitchcock. Memorandum: This action arose out of an accident on September 6, 1975 involving an automobile operated by plaintiff Bond and a motorcycle operated by defendant-respondent Hitchcock. Plaintiff Bond collected first-party no-fault benefits from his insurer, plaintiff Allstate Insurance Co. On September 16, 1977, plaintiffs brought an action to recover said payments from defendant-respondent who is insured in a liability policy issued by Country-Wide Insurance Co. It appears from the bill of particulars that plaintiffs’ total claim…