Uddin v. Cooper

McGuire, J.,

concurs in part and dissents in part in a separate memorandum as follows: Given the record in this case concerning the nature of the motor vehicle accident at issue, plaintiffs claim that he sustained a serious injury must be viewed with considerable skepticism. In my view, however, a triable issue of fact nonetheless exists regarding whether plaintiff Muhammad Uddin sustained a “serious injury” under Insurance Law § 5102 (d).

On November 23, 2000, plaintiff was working as a livery cab driver and was involved in a motor vehicle accident. The accident occurred when plaintiffs…