HAWKINS v. FOSHEE


245 A.D.2d 1091 (1997)

666 N.Y.S.2d 88

Dorothy P. Hawkins, Appellant, v. Miriam I. Foshee, Respondent

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

December 31, 1997


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In support of her motion, defendant relied upon the report of a chiropractor who examined plaintiff five years after the accident. That report states that plaintiff suffered...

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