BAKER v. DONAHUE


199 A.D.2d 661 (1993)

604 N.Y.S.2d 981

Kathleen M. Baker, Appellant, v. Karen J. Donahue, Respondent

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

December 9, 1993


Mercure, J.

Plaintiff brought this action to recover for injuries sustained in a December 2, 1989 automobile accident. Following joinder of issue, exchange of medical reports and other discovery, defendant moved for summary judgment dismissing the complaint upon the ground that plaintiff did not sustain a "serious injury" (see, Insurance Law § 5102 [d]) as a matter of law. Supreme Court granted the motion and plaintiff appeals.

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