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ACCIUS v. TOWN OF HEMPSTEAD

266 A.D.2d 247 (1999)

698 N.Y.S.2d 514

RENAND ACCIUS et al., Respondents, v. TOWN OF HEMPSTEAD, Appellants.

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

Decided November 8, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The defendants' motion for summary judgment was properly denied because the plaintiffs Renand Accius and Shawn McCoy established that there was a question of fact as to whether they sustained a serious injury within the meaning of Insurance Law § 5102 (d). The plaintiffs...

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