DAUS v. CASSAVAUGH


17 A.D.3d 837 (2005)

793 N.Y.S.2d 589

CARRIE DAUS, Respondent, v. OWEN J. CASSAVAUGH et al., Appellants.

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

April 14, 2005.


Lahtinen, J.

Plaintiff commenced this action for injuries allegedly sustained in September 2000 when her car was struck in the rear by a car operated by defendant Erica M. Cassavaugh and owned by defendant Owen J. Cassavaugh. Plaintiff's bill of particulars failed to respond to requests regarding the specific categories of serious injury she was asserting, except that it indicated upper back pain as a basis for a permanent...

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