SMITH v. CITY OF SYRACUSE


1 A.D.3d 1006 (2003)

767 N.Y.S.2d 186

STACEY SMITH, Respondent, v. CITY OF SYRACUSE et al., Appellants.

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

November 21, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of defendants' motion seeking summary judgment dismissing the claim of plaintiff that she sustained a serious injury under the significant limitation of use of a body function or system category of Insurance Law § 5102 (d). Plaintiff was allegedly injured in a motor vehicle accident when...

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