RODRIGUEZ v. GOLDSTEIN


182 A.D.2d 396 (1992)

Milagros Rodriguez, Appellant, v. Elliot Goldstein et al., Respondents

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

April 2, 1992


In this negligence action arising out of a two-car collision, plaintiff, a passenger in one of the vehicles, seeks to recover damages for personal injuries allegedly sustained therein.

Following joinder of issue, defendants moved to dismiss the complaint for failure to set forth a prima facie case of "serious injury" as defined by Insurance Law § 5102 (d). In support of the motion, defendants relied on the pleadings and medical records of various physicians...

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