ACKERSON v. MINCEY


162 A.D.2d 934 (1990)

William E. Ackerson et al., Respondents, v. Robert L. Mincey et al., Appellants

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

June 28, 1990


Weiss, J.

Plaintiff William E. Ackerson (hereinafter plaintiff) suffered a cervical sprain injury as a result of an accident in which his vehicle was struck from behind on May 23, 1986. Defendants moved for summary judgment based upon the absence of a serious injury as defined in Insurance Law § 5102 (d). Supreme Court found that a triable issue of fact existed as to whether plaintiff's soft tissue injury...

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