PIETROCOLA v. BATTIBULLI


238 A.D.2d 864 (1997)

656 N.Y.S.2d 559

Frank R. Pietrocola, Respondent, v. Richard J. Battibulli, Appellant

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

April 24, 1997


Crew III, J.

This action arises out of an automobile accident that occurred on January 8, 1993 when plaintiff's vehicle was struck in the driver's side door by a vehicle operated by defendant. Following the accident, plaintiff was treated at a local hospital for a 2½-centimeter laceration just above his hairline and released. When plaintiff returned a few days later to have the stitches removed, he complained of pain in his lower back and

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