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TESTA v. ALLEN

289 A.D.2d 958 (2001)

734 N.Y.S.2d 773

SHANA TESTA, Appellant, v. JEANETTE ALLEN et al., Respondents. JEANETTE ALLEN et al., Third-Party Plaintiffs, v. REGINA TESTA, Third-Party Defendant-Respondent.

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

Decided December 21, 2001.

Order unanimously reversed on the law without costs, motion and cross motion denied and amended complaint and third-party complaint reinstated.

Memorandum:

Supreme Court erred in granting defendants' motion for summary judgment dismissing the amended complaint and third-party defendant's cross motion for summary judgment dismissing the third-party complaint on the ground that plaintiff failed to sustain a serious injury within the meaning of Insurance Law...

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