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FITTERER v. GUS RIEDLINGER'S TOWING SERVICE, INC.

271 A.D.2d 403 (2000)

707 N.Y.S.2d 327

RONALD J. FITTERER et al., Respondents, v. GUS RIEDLINGER'S TOWING SERVICE, INC., et al., Appellants.

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

Decided April 3, 2000.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there is an issue of fact as to whether the plaintiff Ronald J. Fitterer sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Moore v Tappen, 242 A.D.2d 526). In addition, the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is a matter within...

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