HAUSMAN v. GOURVILLE


248 A.D.2d 674 (1998)

670 N.Y.S.2d 320

Bernard Hausman et al., Appellants, v. William P. Gourville, Respondent

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

March 30, 1998


Ordered that the judgment is affirmed, with costs.

The Supreme Court did not err in failing to charge the jury that damages could be awarded if it found that the injured plaintiff, Bernard Hausman, suffered a serious injury which prevented him from performing substantially all of his customary daily activities for at least 90 out of the first 180 days following the accident, as defined in Insurance Law § 5102 (d). To the contrary, the record contains insufficient...

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