Legal Opinion
Armstrong v. Morris
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 2003PublishedCited by 5 opinions
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Castellino, J.), entered May 10, 2002 in Schuyler County, which denied defendants’ motions for summary judgment dismissing the complaint.
Plaintiff commenced this action seeking damages for personal injuries sustained in a December 1997 multiple vehicle accident involving defendants. Following discovery, defendants moved for summary judgment on the basis that plaintiff did not suffer a serious injury as defined by Insurance Law § 5102 (d). Supreme Court denied defendants’ motions, finding that although defendants presented prima facie evidence that…
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