BATTISTI v. LEPKOWSKI


217 A.D.2d 952 (1995)

631 N.Y.S.2d 262

Janice M. Battisti, Respondent, v. Anthony J. Lepkowski, Appellant

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

July 14, 1995


Order unanimously affirmed with costs.

Memorandum:

Defendant moved for summary judgment on the ground that plaintiff did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d). Supreme Court properly denied that motion. The record shows that plaintiff sustained a medically determined injury of a non-permanent nature as the result of a motor vehicle accident. Plaintiff submitted evidence raising an issue of fact whether she was unable...

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