Cucinella v. Cooper

This is a motion by defendants for an order dismissing plaintiff’s complaint for failure to state a cause of action pursuant to CPLR 3211 and section 671 of the Insurance Law.

The plaintiff, a passenger on a motorcycle owned and operated by the defendant Lowrey was injured when the motorcycle collided with a motor vehicle operated by the defendant William D. Cooper. The thrust of the defendants’ motion is the failure of the plaintiff to come within the requirements of subdivision 4 of section 671 of the Insurance Law, which section sets out the prerequisites needed in order to pursue a cause…