Colvin v. Maille
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMain, J.
Appeal from an order of the Supreme Court (Dier, J.), entered August 19, 1986 in Washington County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiffs commenced this action to recover for personal injuries allegedly suffered by plaintiff Darlene Colvin (hereinafter Colvin) as a result of an accident on September 17, 1983. Defendant moved for summary judgment, contending that Colvin had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court denied the motion, finding that the question of whether Colvin suffered a…
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