TANNER v. TUNDO


309 A.D.2d 1244 (2003)

765 N.Y.S.2d 544

BRIAN R. TANNER et al., Appellants, v. FRANCESCO TUNDO, Respondent.

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

Decided October 2, 2003.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs contend that the jury verdict in favor of defendant finding that Brian R. Tanner (plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) in the motor vehicle accident at issue herein should be set aside as against the weight of the evidence. We conclude that Supreme Court properly...

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