Final answer:
The question is incomplete and does not provide enough information to determine whether it is true or false in a tort action pending in New York arising out of an accident.
Step-by-step explanation:
The question is asking whether it is true or false that in a tort action pending in New York arising out of an accident. To answer this question, it would depend on the specifics of the case and the laws of New York. However, the given question is incomplete and does not provide enough information to determine whether it is true or false. It is essential to have more details to give a complete and accurate answer.