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FUNKE v. STAFFORD

233 A.D.2d 611 (1996)

649 N.Y.S.2d 824

Donald S. Funke, Respondent, v. John Stafford et al., Appellants

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

November 7, 1996

Peters, J.

On May 25, 1989, plaintiff was involved in an automobile accident with a car driven by defendant John Stafford and owned by defendant JTS Lumber, Inc. He subsequently commenced a personal injury action against defendants alleging that he sustained a "serious injury" within the meaning of Insurance Law § 5102. After joinder of issue and the completion of discovery, defendants moved for summary...

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