Smith v. Cherubini

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered on or about July 3, 2006, which granted defendant’s motion to set aside a $320,000 jury verdict rendered in plaintiffs favor and dismissed the action, unanimously affirmed, without costs.

Flaintiff failed to show that she suffered a “serious injury” within the meaning of Insurance Law § 5102 (d) (see Licari v Elliott, 57 NY2d 230 [1982]). She alleged multiple injuries, including migraine headaches and bulging and herniated cervical and lumbosacral discs. The evidence showed a preexisting history of migraines, and prior and…