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REID v. BROWN

308 A.D.2d 331 (2003)

764 N.Y.S.2d 260

ELISE REID et al., Respondents, v. HERBERT BROWN et al., Appellants, et al., Defendant.

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

Decided September 11, 2003.

The IAS court construed the default on plaintiffs' motion for summary judgment on "liability"—which only raised the issue of defendants' fault—to also resolve the question of serious injury, apparently based upon our decisions in Maldonado v DePalo (277 A.D.2d 21 [2000]) and Porter v SPD Trucking (284 A.D.2d 181 [2001]). However...

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