MOFFITT v. MURRAY


2 A.D.3d 1110 (2003)

768 N.Y.S.2d 685

SUSAN E. MOFFITT et al., Appellants, v. KENNETH R. MURRAY, Respondent.

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

December 18, 2003.


Kane, J.

Plaintiff Susan E. Moffitt (hereinafter plaintiff) and defendant were involved in a motor vehicle accident. The next day, plaintiff complained to her physician of pain in her back, neck and arms. She also visited her dentist, who took X rays which disclosed two fractured teeth. After discovery in this personal injury action, defendant moved for summary judgment alleging that plaintiffs failed to meet the serious injury threshold of Insurance Law § 5102...

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