Troisi, Bank & Kruglyak Secure Pre-Answer Dismissal

August 12, 2016 | Insurance Coverage

Michael Troisi, Brian Bank, and Viktoriya Kruglyak secured a pre-answer dismissal of all claims asserted against our client, an insurance carrier, in a case where a bicyclist was injured when he collided with a box unloaded from a delivery truck insured by our client.  The Court dismissed the bicyclist’s claim for first-party no-fault benefits based upon our argument that the actual instrumentality of the bicyclist’s injuries was the box, not the insured delivery truck, and thus the alleged accident fell outside of the ambit of New York’s no-fault law.

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