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KRIVIT v. PITULA

509880.

79 A.D.3d 1432 (2010)

912 N.Y.S.2d 789

ALICIA L. KRIVIT et al., Appellants, v. GREGG M. PITULA et al., Respondents.

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

Decided December 16, 2010.

GARRY, J.

Plaintiff Alicia L. Krivit (hereinafter plaintiff) and her husband, derivatively, commenced this action following a motor vehicle accident in May 2004 in which a truck driven by defendant Gregg M. Pitula rear-ended plaintiff's automobile. Plaintiff allegedly sustained neck injuries and posttraumatic stress disorder (hereinafter PTSD) as a result of the accident. Defendants moved for summary judgment dismissing the complaint on the ground that plaintiff did...

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