LICARI v. ELLIOTT


85 A.D.2d 596 (1981)

Nicholas E. Licari et al., Respondents, v. Arthur L. Elliott, Appellant

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

December 7, 1981


Judgment reversed, on the law, with costs, and complaint dismissed.

On this record, we conclude that plaintiff Nicholas Licari failed, as a matter of law, to establish that he had suffered a "serious injury" which resulted either in (1) a "significant limitation of use of a body function or system", or (2) "a medically determined injury or impairment of a non-permanent nature" which endured for 90 days or more, and substantially limited the performance of his daily...

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