GADDY v. EYLER


167 A.D.2d 67 (1991)

Loretta Gaddy, Appellant, v. Geoffrey S. Eyler, Respondent

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

May 30, 1991


Attorney(s) appearing for the Case

James M. Woolsey, Jr., P. C., for appellant.

Maynard, O'Connor & Smith (Ignacio A. Pardo of counsel), for respondent.

MAHONEY, P. J., and HARVEY, J., concur with WEISS, J.; MIKOLL and CREW III, JJ., dissent and vote to reverse in an opinion by CREW III, J.


WEISS, J.

In this action to recover damages for personal injuries sustained on June 17, 1987 when plaintiff's vehicle was struck from behind, defendant has successfully moved for summary judgment based upon the absence of any "serious injury". Supreme Court, relying principally on this court's decision in Pasqualino v Murphy (149 A.D.2d 779), held that plaintiff's chronic...

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