GOOTZ v. KELLY


140 A.D.2d 874 (1988)

Patricia N. Gootz, Respondent, et al., Plaintiff, v. Dawne M. Kelly, Appellant

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

May 19, 1988


Mercure, J.

Plaintiff Patricia N. Gootz (hereinafter plaintiff) and her husband commenced this negligence action to recover for allegedly serious injuries they sustained resulting from an October 17, 1984 automobile accident. After issue was joined and medical reports exchanged, defendant moved for summary judgment dismissing plaintiff's complaint upon the ground that plaintiff had not suffered a serious injury as defined in Insurance Law § 5102...

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