No. 86 Civ. 1034.

659 F.Supp. 959 (1987)

Kenneth B. TOBIN, Plaintiff, v. Florence S. GREENBERG, Defendant.

United States District Court, S.D. New York.

May 14, 1987.

Attorney(s) appearing for the Case

Terrence Ryan, Suffern, N.Y., for plaintiff.

Richard V. Licata, New City, N.Y., for defendant.


BRIEANT, Chief Judge.

Plaintiff in this diversity action seeks $250,000.00 in damages for "non-economic loss," that is, pain and suffering, allegedly sustained when defendant drove her car into the rear of plaintiff's car while plaintiff had stopped his car at a red light. Defendant now moves for summary judgment contending that under New York law, which applies in this case, plaintiff has not suffered a serious injury entitling him...

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