HELLENBRECHT v. RADEKER


309 A.D.2d 834 (2003)

766 N.Y.S.2d 81

MELISSA HELLENBRECHT, Respondent, v. BRENDA RADEKER et al., Appellants, and JOHN JONES, Respondent. (Action No. 1.) JOHN JONES, Respondent, v. BRENDA RADEKER et al., Appellants. (Action No. 2.)

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

Decided October 20, 2003.


Ordered that the judgments are reversed, on the law and the facts, the motion to set aside the verdict is granted, and the matter is remitted to the Supreme Court, Kings County, for a new trial, limited solely to the issue of liability, with costs to abide the event; the findings of fact as to damages are affirmed.

The plaintiffs established that they each sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car...

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