LA RUE v. TUCKER


247 A.D.2d 702 (1998)

668 N.Y.S.2d 745

George A. La Rue, Sr., Individually and as Parent of George A. La Rue, Jr., an Infant, et al., Respondents, v. Linda D. Tucker, Now Known as Linda D. Davis, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 5, 1998


Carpinello, J.

Plaintiff Paula J. La Rue (hereinafter plaintiff) was involved in a November 23, 1990 automobile accident. On appeal, the only issue before this Court is whether Supreme Court erred in denying that portion of defendant's motion for summary judgment dismissing the complaint upon the ground that plaintiff did not sustain a serious injury within one of the categories set forth in Insurance Law § 5102 (d). We conclude that Supreme Court...

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