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CONGDON v. PREISMAN

263 A.D.2d 808 (1999)

693 N.Y.S.2d 757

JOSEPH L. CONGDON et al., Appellants, v. BENJAMIN S. PREISMAN et al., Respondents.

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

Decided July 22, 1999.

Graffeo, J.

This action was commenced by plaintiff Joseph L. Congdon (hereinafter plaintiff), and his wife derivatively, to recover damages for injuries he sustained as the result of an automobile accident which occurred in December 1995. After issue was joined, defendants moved for summary judgment on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court granted defendants' motion and plaintiffs...

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