FERNANDEZ v. VUKOSA


108 Misc.2d 48 (1980)

Mildred Fernandez et al., Plaintiffs, v. Sime Vukosa, Defendant.

Civil Court of the City of New York, New York County.

December 23, 1980


Attorney(s) appearing for the Case

Charles Krupin and David Slater for plaintiffs. Goidel, Goidel & Helfenstein, P. C. (Mark L. Friedman of counsel), for defendant.


STANLEY H. NASON, J.

On December 11, 1977, plaintiff Mildred Fernandez was operating a vehicle in which plaintiff, Juan Tavares, was a passenger, when the vehicle was involved in a collision with the defendant's motor vehicle. It is conceded that plaintiffs were not wearing seat belts at the time of the accident.

The court is required to consider the following questions:

(1) Did plaintiffs meet the "serious injury" test as defined in subdivision...

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