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CALAFIORE v. KILEY

303 A.D.2d 816 (2003)

756 N.Y.S.2d 348

RITA P. CALAFIORE et al., Respondents, v. TIMOTHY KILEY et al., Appellants. (And Another Related Action.)

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

Decided March 6, 2003.

Kane, J.

Plaintiff Rita P. Calafiore (hereinafter plaintiff) and her husband, derivatively, commenced this personal injury action seeking damages for injuries resulting from a May 29, 1997 accident wherein her vehicle was struck from behind by a vehicle operated by defendant Timothy Kiley. Minor damage was sustained by the vehicles. The key issue presented at trial was whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d...

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