SHINER v. INSETTA


137 Misc.2d 1012 (1987)

Ronnie Shiner, Respondent, v. Anthony J. Insetta et al., Appellants.

Supreme Court, Appellate Term, Second Department.

June 9, 1987


Attorney(s) appearing for the Case

Suozzi, English & Klein, P. C. (Joseph P. Hoey and Michael A. Ciaffa of counsel), for appellants. McCoy, Agoglia, Beckett & Fassberg (Peter T. Connor of counsel), for respondent.

KASSOFF, P. J., LERNER and WILLIAMS, JJ., concur.


MEMORANDUM.

Judgment unanimously reversed, without costs, and matter remanded for a new trial on the issue of damages only.

In the first part of the trial the jury found defendants 100% responsible for the accident and defendants do not appeal as to liability. The issues in the second part of the trial were whether plaintiff suffered a serious injury as defined by Insurance Law former § 671 (4) (now Insurance...

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