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ALTERI v. BENSON

50 A.D.3d 1274 (2008)

855 N.Y.S.2d 713

LORI ALTERI, Appellant, v. KEITH BENSON, Respondent.

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

Decided April 11, 2008.

Carpinello, J.

Plaintiff commenced this action seeking damages for injuries she allegedly sustained to her neck, back and shoulder when the motor vehicle in which she was a passenger went off the road and flipped over. At issue is an order of Supreme Court granting defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).*

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