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ELLIS v. ALAN EMERSON

34 A.D.3d 1334 (2006)

825 N.Y.S.2d 608

MATTHEW D. ELLIS et al., Respondents, v. CRAIG ALAN EMERSON et al., Appellants.

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

Decided November 17, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendants' motion in part and dismissing the complaint, as amplified by the bill of particulars, with respect to the permanent loss of use of a body organ, member, function or system and permanent consequential limitation of use of a body organ or member categories of serious injury within the meaning of Insurance...

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