McCreesh v. Hoehn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Kramer, J.), entered June 17, 2002 in Schenectady County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff commenced this action to recover for injuries to his neck and back that he allegedly sustained in a motor vehicle accident on October 31, 1998. In support of her motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury as defined in Insurance Law § 5102 (d), defendant submitted the report of a board-certified neurologist who reviewed plaintiffs…
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