Vargas v. Tomorrow Travel & Tour, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
Appeal from an order of the Supreme Court (Teresi, J.), entered April 20, 2009 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.
In December 2004, plaintiff, after being involved in an accident while a passenger on a bus owned by defendant, was treated and released from a hospital after she complained of, among other things, pain in her neck and back. Almost three years later, plaintiff commenced this action. Defendant subsequently moved for summary judgment dismissing her complaint, arguing that plaintiff did not sustain a serious injury as…
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