WILES v. GRAY

511789.

90 A.D.3d 1357 (2011)

935 N.Y.S.2d 218

2011 NY Slip Op 9227

CANDY K. WILES, Appellant, v. WILLIAM L. GRAY, Respondent.

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

Decided December 22, 2011.


ROSE, J.

Plaintiff commenced this action claiming that, as the result of a March 2008 motor vehicle accident, she sustained a serious injury within the meaning of Insurance Law § 5102 (d). After joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint alleging, among other things, that plaintiff had a preexisting injury to her spine and, as a result, she was unable to establish that she sustained a causally-related serious...

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