Williams v. Helbig

OPINION OF THE COURT

Robert H. Wagner, J.

This is a motion brought by the defendants for an order *33dismissing plaintiff’s complaint and granting summary judgment in their favor.

The plaintiff’s action is brought under the so-called no-fault law, article XVIII of the Insurance Law.

Under subdivision 1 of section 673 of the statute: "there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss.”

The plaintiff is suing for noneconomic loss and, therefore, is precluded unless he can show "serious injury”. So much of subdivision 4 of…