Coston v. McGray
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Plaintiff Willie Coston (hereinafter plaintiff) and his wife, derivatively, commenced this action to recover for injuries to his cervical and lumbar spine allegedly sustained in two motor vehicle accidents in November 2002 and February 2003. Following joinder of issue, Supreme Court ultimately granted summary judgment dismissing the complaint, concluding that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of either accident. Plaintiffs appeal and we now affirm.
“[E]ven where there is objective medical proof, when additional…
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