The question presented on this motion appears to be one of first impression in New York, and may be stated simply: is the fact of an insured's indictment for a felony, standing alone, sufficient to relieve an insurance carrier of its obligation to pay first-party benefits under New York's automobile No-Fault Law?
The essential facts of this case are not in dispute. On April 1, 1989, plaintiff Lawrence Gross was driving a pickup...
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