SCOTT v. APONTE


49 A.D.3d 1131 (2008)

854 N.Y.S.2d 243

DEBORAH L. SCOTT et al., Appellants, v. LAURA APONTE, Respondent.

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

Decided March 27, 2008.


Carpinello, J.

Plaintiffs commenced this personal injury action alleging that plaintiff Deborah L. Scott (hereinafter plaintiff) sustained a serious injury as a result of a February 15, 2005 automobile accident with defendant. This appeal stems from defendant's successful motion for summary judgment dismissing the complaint. We now affirm.

On appeal, plaintiffs contend that questions of fact have been raised under two categories of serious injury, namely,...

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