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McCANN v. SOMOZA

No. 95 Civ. 756.

933 F.Supp. 362 (1996)

Maryann E. McCANN, Plaintiff, v. Gregory D. SOMOZA and Miguel G. Somoza, Defendants.

United States District Court, S.D. New York.

July 26, 1996.

Attorney(s) appearing for the Case

Robert A. Lubitz, Chestnut Ridge, NY, for plaintiff.

Rivkin, Radler & Kremer by Craig Rizzo, James P. Nunemaker, Jr., Uniondale, NY, for defendants.

MEMORANDUM DECISION

CHIN, District Judge.

In this diversity action arising out of an automobile accident that occurred in Connecticut, plaintiff Maryann E. McCann ("McCann" or "plaintiff") moves for an order declaring that the threshold contained in Connecticut's no-fault statute governs her right to seek recovery for non-economic losses, such as pain and suffering. Defendants Gregory D. Somoza and Miguel G. Somoza (together, the "Somozas" or "defendants...

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