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MILLER v. MILLER

68 N.Y.2d 871 (1986)

Kristian A. Miller, an Infant, by His Guardian ad Litem, Susan S. Miller, et al., Respondents, v. Andrew F. Miller, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1986.

Attorney(s) appearing for the Case

Jonathan D. Katz for appellant.

Duncan W. Clark for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEMORANDUM.

The order of the Appellate Division appealed from and the prior nonfinal order of the Appellate Division brought up for review should be reversed and the case remitted to that court for its review of the facts presented on the original appeal to the Appellate Division (CPLR 5613).

By failing to move for a directed verdict on the question whether plaintiff had sustained a "serious injury" under the No-Fault...

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