Benson v. Boston Old Colony Insurance

Order, Supreme Court, New York County (Harold Tompkins, J.), entered August 30, 1989, which, inter alia, denied plaintiffs motion to settle an order based on a decision dated November 24, 1981 and granted defendant’s motion for summary judgment, is unanimously affirmed with costs.

On December 6, 1975, plaintiff, a pedestrian, was struck by an automobile insured by the defendant. He applied for and received no-fault benefits for various periods between December 6, 1975 and January 1, 1977. Payments of those no-fault benefits were limited to $800 per month.

Plaintiff sought additional no-fault…