PINKOWSKI v. ALL-STATES SAWING & TRENCHING, INC.


1 A.D.3d 874 (2003)

767 N.Y.S.2d 502

DANIEL PINKOWSKI, Respondent, v. ALL-STATES SAWING & TRENCHING, INC., et al., Defendants, and FRANK RYAN, Appellant.

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

November 26, 2003.


Mugglin, J.

In this action, plaintiff seeks to recover for injuries he alleges he sustained in two separate car accidents. The first accident occurred in August 1997 when plaintiff's vehicle was rear-ended while he was stopped at a traffic light. In September 1999, while working as a flagman, plaintiff was struck by a vehicle operated by defendant Frank Ryan (hereinafter defendant). The issue on this appeal is whether or not plaintiff sustained a serious injury within...

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