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WEAVER v. WARE

89 Misc.2d 710 (1977)

Willard C. Weaver et al., Plaintiffs, v. Deborah L. Ware et al., Defendants.

Supreme Court, Onondaga County.

February 25, 1977

Attorney(s) appearing for the Case

Mannie Neri and Arthur M. Greene for plaintiffs. Melvin & Melvin (J. Scott Finlay of counsel), for defendants.

RICHARD ARONSON, J.

This action was brought by plaintiffs to recover damages for personal injuries incurred by them when the car in which they were riding was struck in the rear by a vehicle owned by the defendant Ware and operated by the defendant Lizardi. Defendants move pursuant to CPLR 3211 to dismiss the complaint upon the ground that neither of the plaintiffs sustained a serious injury as defined in section...

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