Prescott v. LeBlanc
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered December 13, 1996 in Schenectady County, which granted plaintiffs motion to set aside the verdict and granted a new trial on all disputed issues.
At the close of the evidence in the trial of this automobile negligence case, Supreme Court found that, as a matter of law, plaintiff had sustained a “serious injury” within the meaning of Insurance Law § 5102 (d) and submitted the issues of negligence and proximate cause to the jury. The jury found defendants negligent, but found that their negligence was not the proximate cause of…
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