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TALCOTT v. ZURENDA

48 A.D.3d 989 (2008)

853 N.Y.S.2d 192

JOSEPH W. TALCOTT et al., Respondents, v. ANTHONY P. ZURENDA et al., Appellants.

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

Decided February 28, 2008.

Cardona, P.J.

Plaintiff Joseph W. Talcott (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging that plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) when the vehicle he was operating was hit multiple times from behind by a vehicle operated by defendant Anthony P. Zurenda and owned by defendant Transcontinental Refrigerated Lines, Inc. Liability was conceded and, following a nonjury trial, Supreme...

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