AIELLO v. WENKE


118 Misc.2d 1068 (1983)

William J. Aiello et al., Plaintiffs, v. Jennifer J. Wenke, Defendant.

Supreme Court, Cattaraugus County.

March 22, 1983


Attorney(s) appearing for the Case

Hornburg, Diggs & Marks, P. C. (Philip Marks of counsel), for plaintiff. Maghran, McCarthy & Flynn (John J. Flynn of counsel), for defendant.


EDWARD M. HOREY, J.

The issues arising in an automobile negligence case were submitted to the jury by way of a special verdict following a three-day trial at a term of Supreme Court, Cattaraugus County, on February 18, 1983.

The findings of five sixths of the jury were that the plaintiff, William Aiello, did sustain a serious injury within the meaning of section 673 of the Insurance Law on two separate counts, viz., a significant limitation of...

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