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MOLLOY v. D'ANGELILLO

267 A.D.2d 65 (1999)

699 N.Y.S.2d 676

MARIE P. MOLLOY et al., Respondents, v. STELLA I. D'ANGELILLO, Appellant. (And Another Action.)

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

Decided December 9, 1999.

The medical report detailing plaintiff's "serious injuries" (see, Insurance Law § 5102 [d]), along with plaintiff's affidavit as to the extent of her disabling symptoms, sufficed to raise a factual issue as to whether plaintiff had sustained "serious injury" as defined in Insurance Law § 5102 (d) and thus to defeat defendant's motion for summary judgment (see, Greco v Five Five Garage Corp., 123 A.D.2d 422

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