ARMSTRONG v. MORRIS


301 A.D.2d 931 (2003)

754 N.Y.S.2d 420

KAREN E. ARMSTRONG, Respondent, v. LEON B. MORRIS et al., Appellants.

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

Decided January 23, 2003.


Mugglin, J.

Plaintiff commenced this action seeking damages for personal injuries sustained in a December 1997 multiple vehicle accident involving defendants. Following discovery, defendants moved for summary judgment on the basis that plaintiff did not suffer a serious injury as defined by Insurance Law § 5102 (d). Supreme Court denied defendants' motions, finding that although defendants presented prima facie evidence that plaintiff had not suffered a serious...

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