WARNER v. TRUCCHIO

2007-574 QC.

2008 NY Slip Op 51412 (U)

CLIFFORD WARNER and MARIE LYNE MULLER, Appellants, v. BLISS J. TRUCCHIO and RONALD L. TRUCCHIO, Respondents.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 1, 2008.


In this action to recover damages for personal injuries, defendants moved for summary judgment dismissing the complaint on the ground that plaintiffs did not sustain a "serious injury" as defined in Insurance Law § 5102 (d). At plaintiffs' request, the motion was adjourned and marked final. On the adjourned date, plaintiffs did not submit opposition and sought a second adjournment. The Civil Court denied plaintiffs' request for a second adjournment and, by order entered...

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