KELLEY v. BALASCO


226 A.D.2d 880 (1996)

640 N.Y.S.2d 652

Luella Kelley, Appellant, v. Douglas A. Balasco et al., Respondents

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

April 11, 1996


Mercure, J.

Plaintiff commenced this action to recover for whiplash-type injuries allegedly sustained in a May 27, 1992 automobile accident. Defendant conceded liability and the matter went to a jury on the questions of whether plaintiff sustained a "`Serious injury'" as defined in Insurance Law § 5102 (d) and damages. With regard to the question of whether plaintiff satisfied the no-fault threshold, Supreme Court submitted separate interrogatories...

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