CALDWELL v. WARD

1620 CA 10-00844.

79 A.D.3d 1824 (2010)

914 N.Y.S.2d 474

DANIEL P. CALDWELL, Appellant, v. RHONDA D. WARD et al., Respondents.

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

Decided December 30, 2010.


It is hereby ordered that the amended order insofar as appealed from is reversed on the law without costs, the motion is denied with respect to the fracture category of serious injury within the meaning of Insurance Law § 5102 (d) and the complaint, as amplified by the bill of particulars, is reinstated.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when a vehicle operated by defendant Rhonda D. Ward collided with the...

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