KRAKOFSKY v. FOX-RIZZI


273 A.D.2d 277 (2000)

709 N.Y.S.2d 856

JONATHAN KRAKOFSKY, Respondent, v. TERESA FOX-RIZZI, Appellant.

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

Decided June 12, 2000.


Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The jury determined that the plaintiff sustained a medically-determined injury or impairment which prevented him from performing substantially all of the material acts which constituted his usual and customary activities for at least 90 out of the 180 days immediately following the accident (see, Insurance Law § 5102 [d]; Licari v Elliott...

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