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HEZEKIAH v. WILLIAMS

81 A.D.2d 261 (1981)

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

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

June 22, 1981

Attorney(s) appearing for the Case

Charles Krupin (David P. Slater of counsel), for appellant.

Suozzi, English, Cianciulli & Peirez, P. C. (J. Irwin Shapiro, Stephen C. Glasser and Charles J. McEvily of counsel), for respondent.

DAMIANI, J. P., MANGANO and RABIN, JJ., concur.

TITONE, J.

In this case of apparent first impression, we are asked to determine whether, as a matter of law, plaintiff in this automobile negligence action has established a "significant limitation of use of a body function or system" pursuant to the revised "verbal" definition of "serious injury" (Insurance Law, § 671, subd 4), as the prerequisite to her right to recover for noneconomic loss, i.e., pain...

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