WHALEN v. AVIS RENT A CAR SYS


138 Misc.2d 959 (1988)

Michele Whalen, Respondent, v. Avis Rent A Car System, Inc., Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

February 5, 1988


Attorney(s) appearing for the Case

Henry J. Cernitz for appellant. Seth R. Rotter, P. C. (Edward P. Dunphy of counsel), for respondent.

PIZZUTO and WILLIAMS, JJ., concur; MONTELEONE, J. P., taking no part.


MEMORANDUM.

Judgment reversed and matter remanded for new trial on the issues of "serious injury" and damages, with $30 costs to abide the event.

In this appeal there is no issue as to liability.

In April 1985 defendant moved to have plaintiff submit to a new CAT scan because the scan taken by plaintiff's physician two years earlier could not be located, allegedly because they had been stolen from her physician...

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