PETERSON v. CELLERY

512855.

93 A.D.3d 911 (2012)

940 N.Y.S.2d 194

2012 NY Slip Op 1533

KATHRYN PETERSON et al., Respondents-Appellants, v. MARY CELLERY, Respondent, and DAVID H. PICOTTE et al., Appellants.

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

Decided March 1, 2012.


PETERS, J.P.

In January 2007, plaintiff Kathryn Peterson (hereinafter plaintiff) was rear-ended by a vehicle driven by defendant Mary Cellery. Following the accident, plaintiff drove herself to an urgent care center where she was given pain medication and released. She later sought follow-up care with her primary physician, who diagnosed her with a cervical, thoracic and lumbar sprain and recommended physical therapy. In April

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