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LACOMB v. POLAND CENT SCH.

116 Misc.2d 585 (1982)

Lauri A. Lacomb, an Infant, by Carolyn L. Claytor, Plaintiff, v. Poland Central School District, Defendant. (Action No. 1.) Michelle Bushey et al., Infants, by Rose Bushey, Their Mother, et al., Plaintiffs, v. Poland Central School District, Defendant. (Action No. 2.) Barbara U. Postiglion, Individually and as Natural Parent and Guardian ad Litem for Michelle R. Postiglion and Another, Infants, Plaintiff, v. Donna Tabor et al., Defendants. (Action No. 3.) Philip A. Sharpe, Sr., Individually and as Natural Parent and Guardian ad Litem for Robert M. Sharpe and Another, Infants, Plaintiff, v. Donna Tabor et al., Defendants. (Action No. 4.)

Supreme Court, Herkimer County.

November 15, 1982

Attorney(s) appearing for the Case

Louis S. Petrone, P. C., for Donna Tabor and another, defendants in Actions Nos. 3 and 4. Kohn & Moseman (George Kohn of counsel), for Barbara U. Postiglion, plaintiff in Action No. 3.

THOMAS ALOI, J.

Defendants moved pursuant to CPLR 3212 for summary judgment dismissing plaintiffs' complaint, in part, in Action No. 3, on the grounds that plaintiff Darlene T. Postiglion had not sustained a "serious injury" (Insurance Law, § 671, subd 4), and thus did not meet the threshold for suit under New York's no-fault insurance statute. Plaintiffs' answering affidavits were by plaintiffs' attorney, who attached a copy of a report by a clinical...

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