A prior order granted plaintiffs' motion for partial summary judgment on the issue of liability and directed an inquest upon plaintiffs' filing of a note of issue. Such order was based on defendants' failure to come forward with evidence tending to show they were not at fault for rear-ending plaintiffs' vehicle, without mentioning the issue of serious injury. Defendants did not appeal this order or seek to reargue it before the IAS Court. Instead, almost three months after...
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