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JONES v. SCHMITT

7 Misc.3d 47 (2005)

794 N.Y.S.2d 568

MARIA JONES et al., Respondents, v. VIRGINIA SCHMITT et al., Appellants.

Supreme Court, Appellate Term, Second Department.

February 2, 2005.

Attorney(s) appearing for the Case

Longo & D'Apice, Brooklyn (Mark A. Longo and Deborah Ann Kramer of counsel), for appellants.

Jacoby & Meyers, Garden City (Katina S. Goldman of counsel), for respondents.

PESCE, P.J., and GOLLA, J., concur; PATTERSON, J., taking no part.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and defendants' motion for summary judgment granted dismissing the complaint.

Plaintiff Maria Jones was injured in an automobile accident on January 23, 1998. Defendants moved for summary judgment dismissing the complaint on the ground that the injured plaintiff failed to satisfy the threshold requirement of suffering a serious injury under...

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