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RUZYCKI v. BAKER

301 A.D.2d 48 (2002)

750 N.Y.S.2d 680

KEVIN R. RUZYCKI et al., Appellants, v. BRIAN D. BAKER, Respondent.

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

November 15, 2002.

Attorney(s) appearing for the Case

Alexander & Catalano, LLP, Syracuse (Benjamin C. Rabin of counsel), for appellants.

Mackenzie Hughes LLP, Syracuse (Nancy L. Pontius of counsel), for respondent.

PINE, J.P., HURLBUTT, KEHOE and BURNS, JJ., concur.

OPINION OF THE COURT

HAYES, J.

I

Plaintiffs commenced this negligence action seeking damages for personal injuries sustained by Kevin R. Ruzycki (plaintiff) when the vehicle that he was driving was rear-ended by a vehicle driven by defendant. Plaintiffs moved for summary judgment on the issue of liability but did not raise the issue whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court denied...

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