HOWE v. WILKINSON


275 A.D.2d 876 (2000)

713 N.Y.S.2d 573

JERRY L. HOWE et al., Appellants, v. WILLIAM E. WILKINSON, Respondent.

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

Decided September 28, 2000.


Graffeo, J.

Plaintiff Myrtle E. Howe (hereinafter plaintiff) and her husband, derivatively, commenced this action to recover for injuries allegedly sustained in a rear-end collision on November 24, 1995 while waiting to make a left-hand turn. Following a jury trial, a verdict was rendered in favor of defendant on the ground that plaintiff did not suffer a serious injury as defined by Insurance Law § 5102 (d). Plaintiffs appeal, contending that the verdict was...

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