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PHILLIPS v. TISSOTVANPATOT

280 A.D.2d 735 (2001)

720 N.Y.S.2d 274

JENNIFER PHILLIPS, Appellant, v. C.H. TISSOTVANPATOT, Respondent.

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

Decided February 1, 2001.

Carpinello, J.

While legally stopped in traffic in the Village of Lake Placid, Essex County, plaintiff's vehicle was rear-ended by a vehicle owned and operated by defendant. In this action that followed, plaintiff claims that the back pain from which she suffers as a result of the accident constitutes a "serious injury" within the meaning of Insurance Law § 5102 (d). After joinder of issue, a board-certified orthopedic surgeon retained by defendant

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