Hayes v. Johnston
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 (Williams, J.), entered May 20, 2004 in Saratoga County, which partially denied defendant’s motion for summary judgment dismissing the complaint.
In this personal injury action arising out of a motor vehicle accident, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court partially denied the motion, dismissing plaintiffs claim for lost earnings, and defendant now appeals.
Defendant met his initial burden of showing that…
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