AUTIELLO v. CUMMINS

506704.

66 A.D.3d 1072 (2009)

890 N.Y.S.2d 652

2009 NY Slip Op 6754

JILL P. AUTIELLO, Respondent, v. JOSHUA K. CUMMINS, Appellant.

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

Decided October 1, 2009.


Malone Jr., J.

In this personal injury action arising out of a motor vehicle collision in September 2003, plaintiff sought partial summary judgment on the issues of defendant's liability and plaintiff having sustained a serious injury pursuant to Insurance Law § 5102 (d). Defendant, while not contesting the issue of liability for the accident, opposed the motion as to serious injury, contending that plaintiff failed to establish that her injury was causally related...

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