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ASHQUABE v. McCONNELL

14 Misc.3d 211 (2006)

829 N.Y.S.2d 427

TORRENCE ASHQUABE, Plaintiff, v. CYNTHIA J. McCONNELL, Defendant.

Supreme Court, Erie County.

October 20, 2006.

Attorney(s) appearing for the Case

Barth Sullivan Behr (Philip B. Abramowitz of counsel), for defendant.

Kenneth P. Bernas for plaintiff.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Plaintiff commenced this action to recover damages for injuries allegedly sustained in a motor vehicle accident. Defendant moves for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a "serious injury" within the meaning of Insurance Law § 5102 (d). Plaintiff has cross-moved for an order granting partial summary judgment on...

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