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BAPTISTE v. SHAPIRO

190 A.D.2d 770 (1993)

Darrell Baptiste, Respondent, v. Edna Shapiro, Appellant

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

February 16, 1993

Ordered that the order is affirmed, with costs.

We reject the defendant's contention that the court erred in granting summary judgment to the plaintiff on the issue of fault while simultaneously finding that a question of fact existed as to whether the plaintiff sustained "serious injury" within the meaning of Insurance Law § 5102 (d) (see generally, Licari v Elliott, 57 N.Y.2d 230

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