FOUNTAIN v. SULLIVAN


261 A.D.2d 795 (1999)

690 N.Y.S.2d 341

JOANNE FOUNTAIN, Appellant, v. KYLE SULLIVAN, Respondent.

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

Decided May 20, 1999.


Mikoll, J. P.

Plaintiff, who was injured in January 1996 when her vehicle was struck by a vehicle driven by defendant, contends that Supreme Court erred in concluding that, as a matter of law, plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In support of her motion for summary judgment, defendant submitted the report of an orthopedic surgeon who examined plaintiff in January...

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