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NELSON v. DISTANT

308 A.D.2d 338 (2003)

764 N.Y.S.2d 258

OCTAVIA NELSON, Respondent, v. EDWARD S. DISTANT, Appellant, et al., Defendant.

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

Decided September 11, 2003.

Plaintiff, Octavia Nelson, alleged that on October 15, 1995, she was a passenger in a vehicle which was involved in an accident with two other vehicles, one owned and operated by defendant-appellant Edward Distant, and the other owned and operated by defendant Derrick Lewis. Plaintiff claimed that due to defendants' negligence, she sustained a serious injury as defined in Insurance Law § 5102 (d). Distant moved for summary judgment dismissing the complaint on the ground...

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