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HEZEKIAH v. WILLIAMS

106 Misc.2d 407 (1980)

Jolene Hezekiah, Respondent, v. Jesse B. Williams, Appellant; Flor Dutes et al., Defendants.

Supreme Court, Appellate Term, Second Department.

June 26, 1980

Attorney(s) appearing for the Case

Suozzi, English, Cianciulli & Peirez, P. C. (J. Irwin Shapiro and Charles J. McEvily of counsel), for appellant. Charles Krupin and David P. Slater for respondent. Robert H. Silk for New York State Trial Lawyers Association, Inc., amicus curiae.

Concur: BUSCHMANN and KUNZEMAN, JJ.

PINO, P. J.

In this automobile negligence action, there is presented an issue of first impression, that is, whether in the court below plaintiff has met the revised no-fault verbal threshold of "serious injury" as defined in subdivision 4 of section 671 of the Insurance Law (L 1977, ch 892) and as a prerequisite to sue for noneconomic loss or "pain and suffering."

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