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IAUNOW v. HEARNS

117 A.D.2d 992 (1986)

Katherine Iaunow, Appellant, v. Lloyd H. Hearns, Respondent. (Appeal No. 1.)

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

February 21, 1986

Judgment unanimously reversed, on the law and in the exercise of discretion, with costs, and a new trial granted in accordance with the following memorandum:

The court erred in failing to charge the jury that permanent consequential limitation of use of a body organ or member constitutes a serious injury under Insurance Law § 5102 (d). Although the court correctly instructed the jury that significant limitation of use...

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