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MATTER OF COLONIAL PENN INS. CO. v. MOREIRA

237 A.D.2d 601 (1997)

655 N.Y.S.2d 607

In the Matter of Colonial Penn Insurance Company, Appellant, v. Maria Moreira, Respondent

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

March 31, 1997

Ordered that the judgment is affirmed, with costs.

The respondent was allegedly hit by a motorcycle on Friday, May 20, 1994, treated in a hospital for approximately six hours, and released. The motorcycle left the scene and cannot be identified. The respondent testified that during the weekend which followed the accident, she required assistance from her husband and was unable to "get up alone". On Monday, May 23, 1994, the respondent "felt a little bit better" and...

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