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COLVIN v. MAILLE

127 A.D.2d 926 (1987)

Darlene Colvin et al., Respondents, v. Thomas H. Maille, Defendant and Third-Party Plaintiff-Appellant. (And a Third-Party Action.)

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

February 19, 1987

Main, J.

Plaintiffs commenced this action to recover for personal injuries allegedly suffered by plaintiff Darlene Colvin (hereinafter Colvin) as a result of an accident on September 17, 1983. Defendant moved for summary judgment, contending that Colvin had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court denied the motion, finding that the question of whether Colvin suffered a serious injury was for jury...

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