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SANCHEZ v. ROMANO

292 A.D.2d 202 (2002)

739 N.Y.S.2d 368

DORCAS E. SANCHEZ, Individually and as Mother and Natural Guardian of JONATHAN S. SANCHEZ, an Infant, et al., Respondents, v. RICHARD ROMANO, Appellant.

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

Decided March 12, 2002.

This personal injury action arises from a motor vehicle accident as a result of which plaintiff claimed injuries to two of her teeth as well as injuries to her neck and back. Defendant's motion for summary judgment is based on plaintiff's alleged failure to meet the requirements of "serious injury" defined in Insurance Law § 5102 (d) as evidenced by plaintiff's medical records and affirmations of two dentists. Failure to meet the serious injury threshold requires dismissal...

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