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BARRETT v. HOWLAND

202 A.D.2d 383 (1994)

608 N.Y.S.2d 681

Donald Barrett et al., Appellants, v. David Howland et al., Respondents

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

March 7, 1994

Ordered that the order and judgment is modified, on the law, by deleting therefrom the provision dismissing the plaintiffs' third cause of action alleging damage to their motor vehicle; as so modified, the order and judgment is affirmed, without costs or disbursements.

We agree with the trial court that the plaintiffs failed to present evidence that the plaintiff Donald Barrett suffered a "serious injury" within the meaning...

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