DWYER v. TRACEY


105 A.D.2d 476 (1984)

Nora A. Dwyer, Appellant, v. Matthew Tracey et al., Respondents

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

October 11, 1984


Plaintiff commenced this action on August 18, 1981 to recover damages for personal injuries allegedly sustained on August 30, 1979, when her automobile was struck from behind by an automobile owned by defendant John Tracey and operated by defendant Matthew Tracey. After issue was joined, Special Term granted defendants' motion for summary judgment on the ground that plaintiff had not sustained a "serious injury" as defined in subdivision 4 of section 671 of the Insurance...

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