MARSZALEK v. BROWN


247 A.D.2d 827 (1998)

668 N.Y.S.2d 138

Stephanie Marszalek, Respondent, v. Jeffrey S. Brown, Defendant, and Will Poultry Co., Inc., Appellant

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

February 4, 1998


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of Will Poultry Co., Inc. (defendant), for summary judgment dismissing the complaint against it. Plaintiff was injured when her vehicle was struck by a truck operated by defendant Jeffrey S. Brown and owned by defendant. Defendant failed to present evidence establishing as a matter of law that plaintiff did not sustain a serious injury pursuant to Insurance Law ...

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