GROBMAN v. CHERNOFF


35 A.D.3d 658 (2006)

826 N.Y.S.2d 709

LINDSAY GROBMAN, Appellant, v. RHONDA CHERNOFF et al., Defendants, and RHONDA GROBMAN et al., Respondents.

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

Decided December 19, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Adam Chernoff and Rhonda Grobman which was to compel the plaintiff to proceed to arbitration on the issue of whether she sustained a serious injury within the meaning of Insurance Law § 5102 (d) is denied.

At the conclusion of the damages phase of a bifurcated trial, the jury returned a verdict finding that the plaintiff had sustained...

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