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DAVIERO v. JOHNSON

88 A.D.2d 732 (1982)

Ernest J. Daviero, Jr., Appellant, v. Evelyne F. Johnson et al., Respondents

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

May 27, 1982

This is an action to recover damages for personal injuries, alleging negligence on the part of both defendants in the operation of their vehicles in a three-car accident. Both defendants moved for summary judgment on the ground that plaintiff did not sustain a serious injury as defined in subdivision 4 of section 671 of the Insurance Law. Upon consideration of the pleadings, plaintiff's bill of particulars, the examinations before...

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