BURLINGAME v. TOAL


262 A.D.2d 942 (1999)

691 N.Y.S.2d 814

ELEANOR BURLINGAME et al., Appellants, v. ROGER J. TOAL, Respondent. (Appeal No. 1.)

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

Decided June 18, 1999.


Judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

At the trial of this personal injury action, defendant admitted that his negligence caused the head-on collision between plaintiffs' and defendant's vehicles. The jury returned a verdict of no cause of action based on its finding that Eleanor Burlingame (plaintiff) did not sustain a serious injury as a result of the accident (see, Insurance Law § 5102 [d]...

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