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CHUNN v. CARMAN

8 A.D.3d 745 (2004)

777 N.Y.S.2d 572

SHARIFF CHUNN, Individually and as Parent and Natural Guardian of SHARIFF CHUNN, JR., an Infant, Appellant, v. DENNIS L. CARMAN, Respondent.

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

June 3, 2004.

Carpinello, J.

Plaintiff (hereinafter the father) and his son were allegedly injured in a February 6, 2002 car accident. At issue on appeal is an order of Supreme Court granting defendant summary judgment on the ground that neither suffered a serious injury within the meaning of Insurance Law § 5102 (d). With respect to the son, we find that summary judgment was properly granted. We reach a contrary conclusion, however, regarding the father.

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