VAN DE BOGART v. VANDERPOOL


215 A.D.2d 915 (1995)

626 N.Y.S.2d 872

Diane Van De Bogart et al., Appellants, v. Pearl E. Vanderpool et al., Respondents

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

May 18, 1995


Yesawich Jr., J.

After trial, a jury found that plaintiff Diane Van De Bogart (hereinafter plaintiff), who contends she was injured as a result of an automobile accident, had not sustained any impairment severe enough to constitute a "significant limitation of use of a body function or system", the only category of serious injury (see, Insurance Law § 5102 [d]) as to which a charge was given. Plaintiff and her spouse seek a new trial. They...

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