DAISERNIA v. THOMAS


12 A.D.3d 998 (2004)

785 N.Y.S.2d 162

NICHOLAS DAISERNIA, Plaintiff, and B. LOUISE ROBERTS, Appellant, v. MICHELLE E. THOMAS et al., Respondents.

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

November 24, 2004.


Kane, J.

The only question in this personal injury action is whether plaintiff B. Louise Roberts (hereinafter plaintiff) has submitted sufficient evidence to show that her shoulder injury is causally related to the accident so as to prevent summary judgment. Agreeing with Supreme Court that plaintiff has not met her burden on the serious injury threshold, we affirm.

Plaintiff was a passenger in a car rear-ended by another vehicle owned by one defendant and...

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