Moore v. Leggette

In an action by plaintiff, a passenger, to recover damages for personal injuries allegedly suffered aá a Consequence of the negligence of defendant, as owner of a motor vehicle, defendant appeals from an order of the Supreme Court, Suffolk County, entered March 24, 1965, which granted plaintiff’s motion to strike out a partial defense in mitigation of damages (see 45 Misc 2d 603). *892Such defense alleged that (a) plaintiff had received $155 in full payment of medical expense reimbursement from defendant’s insurance carrier under the terms of an automobile liability policy providing for the…