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VOGEL v. CICHY

503308.

2008 NY Slip Op 06325

JACQUELINE J. VOGEL, Appellant, v. BENJAMIN A. CICHY, Respondent.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Capasso & Massaroni, L.L.P., Schenectady (Paul Briggs of counsel), for appellant.

Taylor & Associates, Albany (David R. Taylor of counsel), for respondent.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

SPAIN, J.

Plaintiff commenced this personal injury action seeking damages for injuries she allegedly sustained as a result of a December 2003 automobile accident. Supreme Court granted summary judgment in favor of plaintiff on the issue of liability and the parties thereafter stipulated that plaintiff had sustained a serious injury (see Insurance Law § 5102 [d])1. A jury trial was held solely...

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