LOPEZ v. MARCUS


137 A.D.2d 665 (1988)

Maria Lopez et al., Appellants, v. Kay A. Marcus et al., Respondents

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

February 16, 1988


Ordered that the judgment is affirmed, with costs.

The trial court was correct in denying the plaintiffs' motion to set aside the verdict as against the weight of the evidence. To prove that she sustained a "serious injury", the plaintiff Maria Lopez was required to establish that her alleged constant back pain was permanent in nature and was caused by the automobile accident which occurred on July 19, 1982. The physician who testified for the defendants stated that...

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