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COSTON v. McGRAY

49 A.D.3d 934 (2008)

853 N.Y.S.2d 206

WILLIE COSTON et al., Appellants, v. KEITH McGRAY et al., Defendants, and ROSA COSTON et al., Respondents.

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

Decided March 6, 2008.

Mercure, J.P.

Plaintiff Willie Coston (hereinafter plaintiff) and his wife, derivatively, commenced this action to recover for injuries to his cervical and lumbar spine allegedly sustained in two motor vehicle accidents in November 2002 and February 2003. Following joinder of issue, Supreme Court ultimately granted summary judgment dismissing the complaint, concluding that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 ...

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