LOCATELLI v. BLANCHARD


108 A.D.2d 1032 (1985)

Carl Locatelli et al., Appellants, v. Carl Blanchard, Respondent. (And a Third-Party Action.)

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

February 21, 1985


Levine, J.

Plaintiff Carl Locatelli (plaintiff) was involved in an automobile accident on April 17, 1981. He and his wife subsequently brought the instant negligence action to recover damages for his personal injuries which allegedly resulted from the accident. In the order appealed from, Special Term dismissed the complaint pursuant to CPLR 3211 (a) (7) on the ground that plaintiff had failed to establish a prima facie case that he had sustained a "serious...

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