WOLFF v. SCHWEITZER


56 A.D.3d 859 (2008)

866 N.Y.S.2d 833

ROBERT L. WOLFF, Appellant, v. CHERYL C. SCHWEITZER, Respondent.

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

November 6, 2008.


Peters, J.

In October 2004, plaintiff's vehicle, while stopped at an intersection, was struck from behind by a vehicle being driven by defendant. Following the accident, plaintiff claimed that he had significant pain and stiffness in his lower back, right hip and lower right extremities, as well as numbness in his right foot. He later commenced this action claiming serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident. Specifically...

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