CREECH v. WALKER


11 A.D.3d 856 (2004)

784 N.Y.S.2d 655

DOLORES CREECH, Plaintiff, and EARLINE ROWLETT, Appellant, v. ROBERT D. WALKER, Respondent.

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

October 28, 2004.


Lahtinen, J.

This action was commenced by the driver, plaintiff Dolores Creech, and the front-seat passenger, plaintiff Earline Rowlett, of a vehicle that was rear-ended by defendant's car on April 17, 2000 in the City of Albany. Defendant moved for summary judgment dismissing the complaint on the ground that neither plaintiff suffered a "serious injury" (see Insurance Law § 5102 [d]). Supreme Court partially dismissed Creech's claim, limiting the categories...

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