RUTZ v. KELLUM


144 A.D.2d 1017 (1988)

Gary E. Rutz, Appellant, v. Robert D. Kellum et al., Respondents

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

November 15, 1988


Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Plaintiff was injured in a three-vehicle collision on July 14, 1983. The summons and complaint were served on May 28, 1985 and a bill of particulars specifying the injuries as "fracture of the cervical spine, concussion, contusion, larynx and cervical sprain" was served on each defendant on July 28 and 31, 1985, respectively. On October...

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