Judgment reversed, on the law, and new trial granted limited to the issues of whether the alleged neck and back injuries constitute "serious injury" and, if so, the amount of damages sustained by plaintiff, with costs to abide the event.
The trial court charged the jury on the definition of "`[s]erious injury'" set forth in subdivision 4 of section 671 of the Insurance Law. The definition covers, inter alia, injuries which result in "permanent" disability,...
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