SULLIVAN v. DARLING


81 Misc.2d 817 (1975)

Thomas P. Sullivan, Jr., Plaintiff, v. Jeffrey D. Darling, Defendant.

Supreme Court, Special Term, Saratoga County.

April 24, 1975


Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (Robert K. Ruslander of counsel), for defendant. Joseph E. Rosch and Frank B. Williams for plaintiff.


HAROLD J. HUGHES, J.

Defendant has moved for summary judgment dismissing plaintiff's complaint on the ground that the court has no jurisdiction of the subject matter of the cause of action, and seeks an immediate trial, pursuant to CPLR 3212 (subd [c]), of the issue whether plaintiff has sustained a "significant disfigurement" under section 671 (subd 4, par [a]) of the Insurance Law.

Plaintiff seeks damages for personal injuries sustained in an...

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