AMODEO v. PITCHER


125 A.D.2d 850 (1986)

Joseph M. Amodeo, Respondent, v. Clayton L. Pitcher et al., Appellants

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

December 24, 1986


Harvey, J.

In March 1983, plaintiff commenced this personal injury action for damages allegedly sustained as a result of an automobile accident. Defendants subsequently moved for summary judgment on the ground that plaintiff had not suffered a "serious injury" (see, Insurance Law § 5102 [d]; § 5104 [a]). The motion was denied and this appeal ensued.

The proponent of a summary judgment motion has the burden of establishing by competent...

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