Andrew Colenzo v. Steven C. Kernan

[49 A.D.2d 809 Page 809] Memorandum: In this action to recover damages for personal injuries suffered by plaintiff in an automobile accident which occurred in the City of Utica on June 26, 1974 defendant moved for summary judgment of dismissal of the complaint upon the ground that under New York's no-fault insurance law, plaintiff has no cause of action against defendant but must resort solely to a claim against his own insurance carrier. This appeal is from the order [49 A.D.2d 809 Page 810]