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RIVERA v. SERRATA

19 Misc.3d 379 (2008)

852 N.Y.S.2d 830

DEBORAH RIVERA, Plaintiff, v. SILVERIO SERRATA et al., Defendants.

Supreme Court, Bronx County.

January 9, 2008.

Attorney(s) appearing for the Case

Russo, Keane & Toner, New York City (Christopher G. Keane of counsel), for Silverio Serrata, defendant.

Richard L. Giampa, Bronx, for plaintiff.

OPINION OF THE COURT

LUCINDO SUAREZ, J.

The issues to be determined upon the reference of this matter for an inquest and assessment of damages following the striking of defendant's answer are whether the defendant's jury demand should be allowed where the demand was filed two days late; and whether evidence of "serious injury" and damages by signed and sworn written statements of plaintiff's treating or examining...

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