LUMPKINS, JR. v. KENDRICK


277 A.D.2d 1046 (2000)

716 N.Y.S.2d 191

WILLIE LUMPKINS, JR., Appellant, v. ANTWAN KENDRICK et al., Respondents.

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

Decided November 13, 2000.


Judgment and order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motion for judgment at the close of plaintiff's proof on the ground that plaintiff failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d). With respect to his allegation that he sustained a significant limitation of use of a body function or system, plaintiff failed to support his subjective claims...

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