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KURCSICS v. MERCHS. MUT INS

93 Misc.2d 281 (1978)

Otto Kurcsics, Plaintiff, v. Merchants Mutual Insurance Company, Defendant.

Supreme Court, Erie County.

February 28, 1978

Attorney(s) appearing for the Case

Dobozin & Pottle (Willard M. Pottle, Jr., of counsel), for plaintiff. Wilkin, Good, Lopat & Beyer (William J. Wilkin of counsel), for defendant.

JOSEPH P. KUSZYNSKI, J.

Plaintiff, Otto Kurcsics, seeks a declaratory judgment to interpret section 671 of the Insurance Law as it relates to the maximum amount of recovery allowable for lost wages.

In this case which both sides agree is one of first impression, the facts are undisputed. The plaintiff was struck by an automobile owned and operated by James Gantzer, to whom a valid policy of automobile...

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