COLVELL v. HERBERT

1435-06 Seq. No. 2

2008 NY Slip Op 31843 (U)

DONNA COLVELL and THOMAS COLVELL, Plaintiff(s), v. JAMES T. HERBERT and ERIN SOBECK, Defendant(s)

Supreme Court of the State of New York. Nassau County.

Motion Date June 13, 2008.


THOMAS A. ADAMS, Judge.

The defendants' motion, pursuant to CPLR 3212, for an award of summary judgment dismissing the plaintiffs' complaint due to the plaintiff Donna Colvell's failure to sustain a serious injury as defined by Insurance Law §5102(d) is determined as hereinafter provided.

This personal injury action emanates out of a November 16, 2004 motor vehicle accident which occurred at the intersection of County Line Road and West Oak Street in...

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