WASHBURN v. VANCE


154 A.D.2d 868 (1989)

Brian Washburn, Respondent, v. Gary R. Vance, Appellant

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

October 26, 1989


Mercure, J.

Plaintiff brought this action to recover for personal injuries sustained in an October 1, 1984 automobile accident, described in his bill of particulars as "chronic traumatic cervical and lumbar strain". Plaintiff claims to have suffered "a permanent loss of use of a body function or system" and "a significant limitation of use of a body function or system". Defendant moved for summary judgment dismissing the complaint upon the ground that...

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