Hildebrandt v. Kalteux

*1063OPINION OF THE COURT

Harold J. Hughes, J.

The issue presented on this motion to dismiss for failure to state a cause of action is whether New York’s no-fault law which precludes a plaintiff from recovering basic economic loss (lost earnings and medical expenses) in a personal injury action against the tort-feasor likewise bars the Federal Government from intervening in the State court action pursuant to the Medical Care Recovery Act (US Code, tit 42, §§ 2651-2653) and recouping from the tort-feasor the amount of medical care it has provided to the plaintiff.

Plaintiff husband, a member of the…