TOLEDO v. A.P.O.W. AUTO REPAIR/TOWING


307 A.D.2d 233 (2003)

762 N.Y.S.2d 495

MAGDALENA TOLEDO, Appellant, v. A.P.O.W. AUTO REPAIR/ TOWING et al., Respondents.

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

Decided July 31, 2003.


Plaintiff alleges injuries resulting from a 1996 accident in which the vehicle she was driving was hit in the rear by a vehicle owned and operated by defendants. She claimed a serious injury as defined in Insurance Law § 5102 (d). Her bill of particulars set forth various injuries, as did plaintiff's 2001 deposition testimony. Following the accident, she was treated by a Dr. Opam several times a week for several months, and commenced a course of physical therapy for...

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