Melito v. Interboro Mutual Indemnity Insurance

OPINION OF THE COURT

John O’C. Conway, J.

This matter originally came before me as a motion for summary judgment, made by the plaintiff and seeking judg*944ment against each of the defendant insurance companies. The Hartford Accident and Indemnity Company (Hartford) made a cross motion for summary judgment dismissing plaintiffs complaint against it. Following oral argument on the 21st of June, 1978, it appeared that no-fault benefits were first sought from Hartford, and using 11 NYCRR 65.6 (j) (2) as a guide. A decision was rendered directing Hartford to process and honor plaintiffs claim, and…