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O'GORMAN v. PRUS

56640/11.

47 Misc.3d 1069 (2015)

10 N.Y.S.3d 830

2015 NY Slip Op 25092

EILEEN O'GORMAN, Plaintiff, v. ELIZABETH PRUS, as Administrator of the Estate of ANDREW PRUS, Deceased, Defendant.

Supreme Court, Westchester County.

Decided March 31, 2015.

Attorney(s) appearing for the Case

Richard T. Lau & Associates, Jericho ( Kathleen E. Fioretti of counsel), for defendant.

Sacco & Fillas, LLP, Astoria ( Kenneth G. Esehak of counsel), for plaintiff.

OPINION OF THE COURT

In this personal injury action arising out of a motor vehicle accident, defendant moves for summary judgment dismissing the complaint, pursuant to CPLR 3212. Defendant asserts that plaintiff cannot demonstrate that she sustained a "serious injury" as defined under section 5102 (d) of the Insurance...

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