DREXLER v. MELANSON


301 A.D.2d 916 (2003)

754 N.Y.S.2d 433

MICHAEL DREXLER et al., Appellants, v. MICHAEL P. MELANSON, Respondent.

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

Decided January 23, 2003.


Kane, J.

Plaintiff Michael Drexler (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging that plaintiff sustained serious injuries in a June 1997 automobile accident, when his vehicle was rear-ended by defendant's vehicle in the City of Schenectady, Schenectady County. After joinder of issue, defendant moved for summary judgment dismissing the complaint alleging that plaintiff did not sustain a serious injury as defined in Insurance Law...

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