McKENDRY v. THORNBERRY

216542

2009 NY Slip Op 29037

TIFFANY McKENDRY, Plaintiff, v. EILEEN D. THORNBERRY, Defendant.

Supreme Court of the State of New York, Rensselaer County.

Decided January 26, 2009.


Attorney(s) appearing for the Case

William L. Nikas, Esq., Hudson Falls, New York, Attorney for Plaintiff.

Taylor & Associates, Sean A. Tomko, Esq., of counsel, Albany, New York, Attorneys for Defendant


HENRY F. ZWACK, J.

In this motor vehicle accident case, defendant moves for summary judgment. Plaintiff opposes the motion.

On December 9, 2002, the parties collided in their respective vehicles on 8th Street and Jacob Street in the City of Troy.

Defendant now moves for summary judgment on the basis that plaintiff failed to sustain a serious injury as defined by Insurance Law 5102(d). Plaintiff's bill of particulars lists "loss of the unborn child...

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