POST v. BRODERICK


104 A.D.2d 977 (1984)

Elizabeth L. Post et al., Respondents, v. David J. Broderick et al., Appellants

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

October 22, 1984


Order reversed, on the law, with costs, motion granted, and complaint dismissed.

In a personal injury action, the right to recover for noneconomic loss arising out of negligence in the use or operation of a motor vehicle is confined to those cases involving "serious injury" as defined in subdivision 4 of section 671 of the Insurance Law (Insurance Law, § 673). The affidavits submitted by plaintiffs failed to make a sufficient showing of serious injury so as to...

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