FRANCHINI v. PALMIERI


307 A.D.2d 1056 (2003)

763 N.Y.S.2d 381

ROSEANNE FRANCHINI et al., Appellants, v. SUZANNE PALMIERI, Respondent.

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

Decided August 7, 2003.


Rose, J.

Plaintiff Roseanne Franchini (hereinafter plaintiff) and her husband, derivatively, commenced this negligence action to recover for injuries she allegedly sustained in a motor vehicle accident on February 4, 1998. Supreme Court granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury as defined in Insurance Law § 5102 (d). Plaintiffs appeal and, based on their failure to establish...

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