OESCHGER v. FULLFORTH


51 A.D.2d 864 (1976)

Donald J. Oeschger, as Father and Natural Guardian of Michael Oeschger, an Infant, et al., Respondents, v. Bryan R. Fullforth, Appellant

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

February 20, 1976


Order unanimously reversed, without costs, motion granted and complaint dismissed, without prejudice to plaintiffs, if so advised, to serve an amended complaint within 20 days.

Memorandum:

Infant plaintiff riding his bicycle and defendant operating his automobile were involved in an accident on April 10, 1974. The complaint fails to allege serious injury as defined in subdivision 4 of section 671 of the Insurance Law or economic loss greater than basic economic...

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