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ORTIZ v. BISWAS

4 A.D.3d 151 (2004)

771 N.Y.S.2d 643

TAMIKA ORTIZ, Appellant, v. ABDUL M. BISWAS, Respondent, et al., Defendants.

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

February 17, 2004.

Plaintiff must prove that she suffered a serious injury even as against the defaulting defendant, since his default established only that he was at fault for the accident, not that plaintiff suffered a serious injury (see Reid v Brown, 308 A.D.2d 331 [2003]). The issue of serious injury should be heard at an inquest to be conducted in conjunction with the trial involving the codefendant, which will resolve the issue of serious injury...

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