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HOLLAND v. CABALLERO

233 A.D.2d 481 (1996)

650 N.Y.S.2d 968

Kristen A. Holland et al., Respondents, v. William Caballero et al., Appellants

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

November 25, 1996

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that an issue of fact exists as to whether the injured plaintiff suffered a serious injury within the meaning of Insurance Law § 5102 (d) (see, Mariaca-Olmos v Mizrhy, 226 A.D.2d 437; Flanagan v Hoeg, 212 A.D.2d 756; Jackson v United Parcel Serv., 204 A.D.2d 605

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