BEST v. BLEAU


300 A.D.2d 858 (2002)

752 N.Y.S.2d 427

CAROL A. BEST, Appellant, v. CHRISTOPHER J. BLEAU, Respondent.

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

Decided December 19, 2002.


Carpinello, J.

Following a February 1996 automobile accident with defendant, plaintiff commenced this action to recover for an injury she allegedly developed as a result thereof, namely, the reoccurrence of postural vertigo. At issue on appeal is a decision of Supreme Court granting defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d). Upon...

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