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FLATER v. BRENNAN

173 A.D.2d 945 (1991)

James W. Flater, Respondent, v. Beverly A. Brennan et al., Appellants

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

May 2, 1991

Mikoll, J.

The primary question raised on this appeal is whether plaintiff sustained a "serious injury" within the meaning of Insurance Law § 5102 (d) under the category of significant limitation of use, in this case a significant limitation of use of the neck. The response is in the negative. The order denying defendants' motion for summary judgment dismissing the complaint should therefore be reversed...

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