Legal Opinion

Hernandez v. Aetna Casualty & Surety Co.

Civil Court of the City of New York

Decided March 23, 1990PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Peter Tom, J.

The interesting issue raised in the motions before the court is whether private grade school tuition and related school expenses are recoverable as "basic economic loss” under the New York Comprehensive Motor Vehicles Insurance Reparations Act (the No-Fault Insurance Law) (Insurance Law art 51) pursuant to the facts and circumstances of this case.

A research of the issue has disclosed no reported cases on point.

The infant plaintiff, while a passenger in her father’s car, was injured in an automobile accident on June 3, 1979, when she was two years of age. The…

2Cases cited4 opinions

  1. Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
  2. Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
  3. Goldwire v. YoungsNew York Supreme Court · 1975
  4. Palmer v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by3 opinions

  1. Wagner v. BairdAppellate Division of the Supreme Court of the State of New York · 1994
  2. Mainella v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
  3. Egan v. DawsonAppellate Division of the Supreme Court of the State of New York · 1994

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