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DALIENDO v. JOHNSON

147 A.D.2d 312 (1989)

Lee S. Daliendo et al., Appellants, v. Neal F. Johnson et al., Respondents

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

June 26, 1989

Attorney(s) appearing for the Case

Shapiro, Baines, Saasto & Shainwald (Paul F. McAloon of counsel), for appellants.

Dinkes, Mandel, Dinkes & Morelli (George Schwarz of counsel), for respondents.

BRACKEN, J. P., KUNZEMAN and RUBIN, JJ., concur.

SPATT, J.

In this negligence action, we are called upon to determine whether a plaintiff may defeat a motion for summary judgment grounded on the plaintiff's alleged failure to satisfy the threshold requirement of "[s]erious injury" as defined in Insurance Law § 5102 (d) by relying on injuries suffered subsequent to the automobile accident involving the defendants. We hold that the injuries suffered in...

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