Davis v. Pathe Cab Corp.

In this automobile no-fault action, plaintiff moves to strike defendant’s affirmative defense of failure to meet the statutory threshold requirements which create a right of recovery. for noneconomic loss, on the grounds that the said defense has no merit (CPLR 3211, subd M).

The issue of whether plaintiff has reached the threshold requirements of "serious injury” and "reasonable and customary charges” for medical and related services in excess of $500 (Insurance Law, § 671, subd 4) is a mixed question of law and fact. Where a bona fide factual dispute exists, these issues are *560more properly…