MAYE v. STEARNS


19 A.D.3d 902 (2005)

798 N.Y.S.2d 152

JOSEPH P. MAYE, JR., Appellant, v. SCOTT D. STEARNS et al., Respondents.

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

June 23, 2005.


Kane, J.

In February 2000, plaintiff's vehicle was hit from behind, allegedly causing him injuries. After he commenced this personal injury action, defendants moved for summary judgment dismissing the complaint. Plaintiff opposed the motion and cross-moved for summary judgment on the issue of liability. Supreme Court granted defendants' motion because plaintiff failed to establish that he suffered a serious injury. The court dismissed the cross motion as moot. Plaintiff...

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