ABBAS v. COLE


44 A.D.3d 31 (2007)

840 N.Y.S.2d 388

MALIK G. ABBAS, Appellant, v. ROY FRANCIS COLE, Respondent.

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

July 17, 2007.


Attorney(s) appearing for the Case

Kagan & Gertel, Brooklyn (Irving Gertel of counsel), for appellant.

Longo & D'Apice (Sweetbaum & Sweetbaum, Lake Success [Marshall D. Sweetbaum] of counsel), for respondent.

RITTER, J.P., SKELOS and DICKERSON, JJ., concur.


OPINION OF THE COURT

SANTUCCI, J.

In this case we address the issue of whether or not a plaintiff, who has been granted a default judgment on the issue of liability in a case seeking compensation for personal injuries arising from a motor vehicle accident, is required to demonstrate the element of "serious injury" at the inquest on damages. For the reasons that follow, we conclude that, unless the issue of serious injury has been previously determined, the...

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