Calucci v. Baker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered July 23, 2001, which granted defendants’ motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Rosalie L. Calucci (plaintiff) in an automobile accident in October 1995. Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury…
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