Whitehead v. Allstate Insurance

In an action by an insured to recover “First party benefits” from her insurer pursuant to section 671 of the Insurance Law, the third-party defendant appeals from an order of the *655Supreme Court, Westchester County, entered March 28, 1980, which denied its motion to dismiss the third-party complaint for lack of “jurisdiction”. Order reversed, on the law, with $50 costs and disbursements, motion granted, and third-party complaint dismissed. In April, 1975 plaintiff sustained personal injuries while operating a motor vehicle which was involved in an accident with a vehicle driven by one Baron. In…