Jones v. Giordano

Defendant moves pursuant to CPLR 3211 to dismiss the first cause of action herein on the ground that it fails to state a cause of action.

In the first cause of action, plaintiff charges that he owned a certain motorcycle and that, while he was operating the motorcycle on a public highway, he was involved in an accident caused by defendant’s negligent operation of her automobile and sustained personal injuries for which he now seeks *718damages. The defendant says that by reason of New York’s "no-fault” law (Insurance Law, art XVIII) plaintiff cannot maintain this action.

Except in cases involving…