BEBRY v. FARKAS-GALINDEZ


276 A.D.2d 656 (2000)

714 N.Y.S.2d 734

JOSEPH S. BEBRY, Appellant, v. E.J. FARKAS-GALINDEZ et al., Respondents.

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

Decided October 23, 2000.


Ordered that the judgment is reversed, on the law, and a new trial is granted on the issue of damages only, with costs to abide the event.

The plaintiff sustained a fractured foot and other injuries in an automobile accident. During the damages trial, the Supreme Court charged the jury that the plaintiff sustained a fractured foot as a matter of law. Since a fracture is included within the statutory definition of "serious injury" (see, Insurance Law §...

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