CAVENDER v. PHARMACEUTICALS


48 A.D.3d 396 (2008)

849 N.Y.S.2d 796

DANNIELLE CAVENDER, Appellant, v. WYETH PHARMACEUTICALS et al., Respondents.

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

Decided February 5, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The defendants failed to establish, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The report of Dr. Monsanto, the defendants' examining hand specialist, noted the surgeries to the plaintiff's left wrist and thumb as well as the "two well healed scars"...

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