CONNIS v. MENICHETTI

512619.

91 A.D.3d 1092 (2012)

936 N.Y.S.2d 391

2012 NY Slip Op 162

ROBERT CONNIS, Appellant, v. M.E. MENICHETTI, JR., Respondent.

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

Decided January 12, 2012.


SPAIN, J.P.

In this personal injury action involving a rear-end automobile accident, plaintiff successfully moved for summary judgment on the issue of negligence, but his motion for summary judgment on the issue of serious injury was denied. Only plaintiff appeals. Finding questions of fact which preclude summary judgment on the issue of serious injury, we now affirm.

Plaintiff alleges a "permanent consequential limitation of use of a body organ or member...

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