LICYGIEWICZ v. STEARNS


61 A.D.3d 1254 (2009)

876 N.Y.S.2d 782

DIANA LICYGIEWICZ, Appellant, v. MELVIN F. STEARNS, Respondent.

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

Decided April 23, 2009.


Rose, J.

Plaintiff's left thumb was dislocated in a motor vehicle accident and required surgical reduction. Alleging that this was a serious injury within the meaning of Insurance Law § 5102 (d), she commenced this personal injury action. Supreme Court granted defendant's motion for summary judgment dismissing the complaint, and plaintiff now appeals.

In support of his motion, defendant proffered plaintiff's deposition testimony and the records and reports...

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