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LANUTO v. CONSTANTINE

215 A.D.2d 946 (1995)

627 N.Y.S.2d 144

Joan Lanuto et al., Appellants, v. Chris Constantine et al., Respondents

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

May 25, 1995

Casey, J.

A prior action against defendants, in which plaintiffs sought damages for personal injuries sustained by plaintiff Joan Lanuto (hereinafter Lanuto) in an automobile accident and for her husband's derivative loss, was dismissed as the result of a summary judgment motion based upon plaintiffs' failure to demonstrate a serious injury as required by Insurance Law § 5102 (d) (see, Lanuto v Constantine, 192 A.D...

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