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DUFEL v. GREEN

84 N.Y.2d 795 (1995)

647 N.E.2d 105

622 N.Y.S.2d 900

Susan E. Dufel et al., Respondents, v. Randy H. Green et al., Appellants.

Court of Appeals of the State of New York.

Decided February 16, 1995.

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan and Casey, Albany (Michael J. Lonergan of counsel), for appellants.

William H. Mycek, Amsterdam, for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

The question submitted is whether it constituted error in this personal injury action for plaintiff's doctors to testify that she sustained (1) a "permanent consequential limitation of use of a body organ or member" and (2) "significant limitation of use of a body function or system", two of the statutory components of the "serious injury" threshold as defined by Insurance Law § 5102 (d). We conclude...

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