Mikl v. Shufelt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Rose, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered December 13, 2000 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiff commenced this action to recover damages for injuries allegedly sustained on August 7, 1997 when the van he was driving was struck from behind by a pickup truck owned by defendant City of Albany Water Board and operated by defendant James P. Shufelt. Immediately following the accident, plaintiff was taken to the emergency room where he was diagnosed with a cervical sprain and then released after…
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