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SABELLA v. McKAIN

239 A.D.2d 333 (1997)

657 N.Y.S.2d 1012

Ignazio Sabella et al., Respondents, v. Joscelyn S. McKain, Appellant

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

May 5, 1997

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

In this personal injury action arising out of a two-vehicle accident, the defendant moved for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain serious injury as defined by Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955). In doing so, she relied upon unsworn reports prepared by...

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