LOESBURG v. JOVANOVIC


264 A.D.2d 301 (1999)

694 N.Y.S.2d 362

JILL LOESBURG, Plaintiff, v. RADOVAN JOVANOVIC et al., Defendants. (Action No. 1.) MARYANN A. MATZA, Plaintiff, v. RADOVAN JOVANOVIC, Defendant. (And a Third-Party Action.) (Action No. 2.) STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. RADOVAN JOVANOVIC, Defendant. (Action No. 3.) RADOVAN JOVANOVIC et al., Appellants, v. MARYANN M. MATZA et al., Respondents. (Action No. 4.)

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

Decided August 5, 1999.


The reports of the orthopedic and pulmonary examinations of plaintiff, conducted three and a half years after the subject automobile accident and addressed to the permanency of plaintiff's injuries, are insufficient to warrant the grant of summary judgment to defendants on plaintiff's claim that he suffered a "serious injury" as defined in Insurance Law § 5102 (d), in that, as a result of his non-permanent injuries, he was prevented from substantially performing his...

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