LICARI v. ELLIOTT


57 N.Y.2d 230 (1982)

Nicholas E. Licari, Appellant, et al., Plaintiff, v. Arthur L. Elliott, Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1982.


Attorney(s) appearing for the Case

Julio J. Marino for appellant.

Alexander J. Wulwick and L. Kevin Sheridan for respondent.

Robert H. Silk for New York State Trial Lawyers Association, Inc., amicus curiae.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.


JASEN, J.

The issue raised on this appeal is whether the plaintiff in this negligence action brought to recover damages for personal injuries has established a prima facie case that he sustained a "serious injury" within the meaning of subdivision 4 of section 671 of the Insurance Law, commonly referred to as the "No-Fault" Law.

On February 13, 1979, plaintiff was injured in a motor vehicle accident....

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