White v. Schley

SELTZER, J.S.C.

Defendant moves for summary judgment dismissing the claim of plaintiff, the permissive operator of a non-owned, uninsured vehicle. The defendant asserts that plaintiff is barred from presenting the claim and that, if not barred, is unable to cross the verbal threshold. Plaintiff denies that any statute prohibits the action or that he is subject to the verbal threshold. For the reasons which follow, the motion is granted.

*583Because this is a motion for summary judgment, I am required to view the evidence in the light most favorable to the resisting party and to afford to that party…