HOLGUIN v. HOWARD


248 A.D.2d 152 (1998)

670 N.Y.S.2d 12

Luis Holguin et al., Plaintiffs, and Angel Zurita et al., Respondents, v. Keith B. Howard et al., Appellants. (And Other Actions.)

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

March 5, 1998


Supreme Court, upon its original consideration of defendants' motion for summary judgment, granted the motion because there was no proof that plaintiffs had suffered "serious injury" within the meaning of Insurance Law § 5102 (d). Plaintiffs, however, subsequently sought to renew their opposition to defendants' summary judgment motion and in connection therewith offered a physician's affidavit in which the affiant reported that plaintiffs' range of motion had been abnormally...

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