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HAMBSCH v. NEW YORK CITY TRANSIT AUTH.

101 A.D.2d 807 (1984)

Loretta Hambsch, Respondent, v. New York City Transit Authority, Appellant

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

May 7, 1984

¶ Judgment reversed, on the law, without costs or disbursements, and complaint dismissed.

¶ The issue of whether the plaintiff has suffered a "serious injury" within the meaning of subdivision 4 of section 671 of the Insurance Law is a question of law for the court in the first instance (Licari v Elliott, 57 N.Y.2d 230). On the record before us, plaintiff failed as a matter of law to establish the existence of a...

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