FINCH v. WHALEN


28 A.D.3d 420 (2006)

813 N.Y.S.2d 166

ERIN FINCH et al., Plaintiffs, and MAUDLYN CURRY, Appellant, v. MICHAEL F. WHALEN, JR., Respondent.

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

April 4, 2006.


Ordered that the judgment is affirmed, with costs.

On May 2, 2000, the appellant, age 72, was a passenger in a stopped vehicle which was struck in the rear by the defendant's vehicle. In the instant action, the appellant claimed that as a result of the accident she sustained serious injuries within the meaning of Insurance Law § 5102 (d). After trial, the jury returned a verdict finding that the accident was a proximate cause in "bringing about the injury" of...

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