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CHARLTON v. ALMARAZ

278 A.D.2d 145 (2000)

718 N.Y.S.2d 52

MALCOLM CHARLTON, Respondent, v. LUIS E. ALMARAZ et al., Appellants, et al., Defendants.

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

Decided December 21, 2000.

As a passenger involved in serial rear-end automobile collisions, plaintiff commenced this action seeking damages for injuries consisting of cervical and lumbar strain and sprain. The Almaraz defendants moved for summary judgment based upon the sworn report of an examining physician which concluded that plaintiff was not disabled. Defendants argued that plaintiff had not suffered a "serious" injury as required by Insurance Law...

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