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ELTER v. RITVO

228 A.D.2d 410 (1996)

643 N.Y.S.2d 424

John R. Elter et al., Appellants, v. Samuel Ritvo et al., Respondents

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

June 3, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

Material questions of fact remain as to whether the plaintiff John R. Elter suffered a "serious injury" as defined by Insurance Law § 5102 (d) and whether the injury was proximately caused by the accident (see, Beckett v Conte, 176 A.D.2d 774; Petrone v Thornton, 166 A.D.2d 513; Gokey v Castine...

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