OFORI v. GREEN

2980, 17834/07.

74 A.D.3d 474 (2010)

901 N.Y.S.2d 835

THOMAS A. OFORI, Plaintiff, and GERARDO M. VELEZ, Respondent, v. CREISHEA P. GREEN et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 8, 2010.


This personal injury action arose out of a 2006 automobile accident in New Jersey. It is undisputed that the parties were residents of New York, where their vehicles were registered. The sole issue on appeal is whether the fortuitous circumstance that the accident happened in New Jersey should negate the requirement of plaintiff having to prove a "serious injury" under Insurance Law § 5102 (d). It does.

By its express...

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