Legal Opinion
Yanis v. Texaco, Inc.
Civil Court of the City of New York
Decided December 29, 1975PublishedCited by 9 opinions
1Opinion of the CourtSheldon S. Levy, J.
This case presents another first impression situation for determination of the applicability of the "no-fault” law.
Motion by defendant to dismiss the summons and complaint on the ground that plaintiff has failed to allege "a serious injury”, pursuant to the Comprehensive Automobile Insurance Reparations Act (Insurance Law, § 673, subd 1; see also CPLR 3016, subd [g]). Plaintiff responds that no such allegation is necessary since the cause does not fall within the purview of the automobile "no-fault” law as "arising out of negligence in the use or operation of a motor vehicle” (Insurance Law,…
2Cases cited5 opinions
- McConnell v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
- Aranzullo v. Collins Packing Co.Appellate Division of the Supreme Court of the State of New York · 1963
- McConnell v. Fireman's Fund American InsuranceNew York Supreme Court · 1974
- Aranzullo v. Collins Packing Co.New York Court of Appeals · 1964
- Landolphi v. WilhelmsenNew York Supreme Court · 1963
3Cited by9 opinions
- Celona v. Royal Globe InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
- State Farm Mutual Automobile Insurance Companies v. BrooksNew York Supreme Court · 1979
- Cooperman v. Sunmark Industries Division of Sun Oil Co.District Court, S.D. New York · 1981
- Johnson v. Hartford InsuranceNew York Supreme Court · 1979
- Pascente v. StoyleRochester City Court · 1982
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