MYLES v. NEW YORK CITY TRANSIT AUTHORITY


265 A.D.2d 392 (1999)

696 N.Y.S.2d 840

CATHRINE M. MYLES et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents-Appellants, and BROOKLYN UNION GAS COMPANY et al., Appellants-Respondents. (And Another Action.)

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

Decided October 12, 1999.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We agree with the Supreme Court that there are issues of fact with respect to whether the injured plaintiff suffered a serious injury withing the meaning of Insurance Law § 5102 (d) (see, e.g., Lopez v Senatore, 65 N.Y.2d 1017; McVey v Collins, 262 A.D.2d 462

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