Plaintiff was hit by defendants' truck on December 18, 2003, but acknowledges on appeal that she sustained no "serious injuries" as defined in Insurance Law § 5102. Two and a half weeks later, she fell at home, fracturing her heel. Plaintiff thereupon commenced this action, alleging that the serious injuries sustained in the domestic accident were proximately caused by the earlier accident.
Summary dismissal was properly granted because plaintiff failed to present...
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