GREEN v. GLOEDE


222 A.D.2d 1066 (1995)

635 N.Y.S.2d 878

Pearl Green, Respondent, v. Henry J. Gloede et al., Appellants

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

December 22, 1995


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendants' motion for summary judgment seeking dismissal of the complaint on the ground that plaintiff did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d). In support of their motion, defendants submitted the deposition testimony of a physician who examined and treated...

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