Oeschger v. Fullforth

Order unanimously reversed, without costs, motion granted and complaint dismissed, without prejudice to plaintiffs, if so advised, to serve an amended complaint within 20 days. Memorandum: Infant plaintiff riding his bicycle and defendant operating his automobile were involved in an accident on April 10, 1974. The complaint fails to allege serious injury as defined in subdivision 4 of section 671 of the Insurance Law or economic loss greater than basic economic loss as defined in subdivision 1 of section 671 of the Insurance Law (see Colenzo v Kernan, 49 AD2d 809). Defendant’s motion to…