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SCHAMING v. SAUNDERS CONSTR. CARRIERS

172 A.D.2d 957 (1991)

Peter H. Schaming et al., Respondents, v. Saunders Construction Carriers et al., Appellants

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

April 11, 1991

Crew III, J.

Plaintiff Peter H. Schaming (hereinafter plaintiff) and his wife commenced this action to recover damages allegedly sustained by plaintiff as the result of an automobile accident which occurred on April 1, 1985. Following completion of discovery, defendants moved for summary judgment on the ground that plaintiff had not sustained a "serious injury" within the meaning of Insurance Law § 5102...

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