Plaintiffs commenced this action to recover for injuries allegedly sustained by plaintiff Joseph D. Preston (hereinafter plaintiff) in a June 3, 1993 automobile accident; to wit, permanent damage to his neck and cervical spine, in addition to tinnitus and hearing loss in his right ear. This matter went to the jury on questions of negligence, whether plaintiff sustained a "serious injury" as defined in Insurance Law § 5102 (d) and damages...
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