ITKIN v. DEVLIN


304 A.D.2d 792 (2003)

758 N.Y.S.2d 674

SHARI ITKIN, Respondent, v. JAMES DEVLIN, Appellant.

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

Decided April 28, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action seeking damages for injuries that she allegedly sustained in a two-vehicle collision with the defendant. The defendant moved to dismiss the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). That motion was denied and the defendant appealed. By decision and order dated August 27,...

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