HENDERSON v. HENDERSON


172 A.D.2d 956 (1991)

Brenda L. Henderson, Appellant, v. Raymond J. Henderson, Jr., et al., Respondents

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

April 11, 1991


Mikoll, J. P.

The primary question presented on this appeal is whether Supreme Court properly granted defendants' motion to dismiss the complaint made subsequent to the parties' opening statements based on statements by plaintiff's counsel in open court demonstrating a lack of medical proof that plaintiff sustained a "serious injury" within the meaning of Insurance Law § 5104 (a) and § 5102 (d). In our view Supreme Court properly granted defendants...

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