BELLAMY v. KAPLAN


309 A.D.2d 583 (2003)

765 N.Y.S.2d 365

ADOLPH BELLAMY, Appellant, v. HOWARD KAPLAN, Respondent.

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

Decided October 14, 2003.


On the threshold issue of serious injury (see Insurance Law § 5102 [d]), the jury found that plaintiff did not suffer a permanent and significant limitation of use of a body organ or member, but did sustain a significant limitation of use of a body function or system. The jury also awarded plaintiff damages for future pain and suffering based on a 21½ year life expectancy. Defendant moved to set aside the verdict as against the weight of the evidence, but...

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