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CAMERON v. ENGELHART

44 A.D.3d 1152 (2007)

843 N.Y.S.2d 479

PENNY M. CAMERON et al., Respondents, v. CARL W. ENGELHART, Appellant.

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

Decided October 18, 2007.

Mugglin, J.

Plaintiff Penny M. Cameron (hereinafter plaintiff) claims that she suffered a serious injury as defined in Insurance Law § 5102 (d) when defendant's vehicle, after crashing through the front window of a Blockbuster store, pinned plaintiff between two counters. Supreme Court denied defendant's motion for summary judgment dismissing the complaint, finding that plaintiffs' evidentiary submissions created a...

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