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HENRY v. SORGE

511454.

90 A.D.3d 1355 (2011)

935 N.Y.S.2d 381

2011 NY Slip Op 9226

TRACY L. HENRY, Appellant, v. ROBERT SORGE et al., Respondents.

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

Decided December 22, 2011.

ROSE, J.

Plaintiff commenced this action alleging that, as the result of an April 2005 motor vehicle accident, she suffered a serious injury to her cervical spine within the meaning of Insurance Law § 5102 (d). After joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint. Supreme Court granted the motion and this appeal ensued.

Initially, defendants presented plaintiff...

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