Johnson v. Hartford Insurance

OPINION OF THE COURT

John A. Mastrella, J.

Defendant, Hartford Insurance Company, is moving for summary judgment on the ground that plaintiff, James E. Johnson, is not entitled to recovery of first-party benefits under article 18 of the Insurance Law because plaintiff’s injuries did not result from the "ownership, maintenance, or use” of the vehicle in which he was riding. Plaintiff is also cross-moving for summary judgment for payment of medical expenses and for lost earnings.

On December 25, 1975, shortly after midnight, plaintiff was a passenger in an automobile in which another passenger,…