Greenblatt v. Johannssen

In this action to recover for personal injuries suffered in an automobile accident which occurred after the effective date of the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art. XVIII; now firmly imbedded in legal jargon as the “ no-fault ” law), the defendants have pleaded as affirmative defenses: 1) improper service of .process; and 2) that the plaintiffs “ have failed to meet the requirements as set forth in Article 18 of the Insurance Law relating to the right to maintain an action at law. ’ ’ The plaintiffs have moved to dismiss both defenses, but the defendants…