DeVito v. Silvernail
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 (Harris, J.), entered March 28, 1996 in Albany County, which denied plaintiffs motion for summary judgment.
Plaintiff claims that on November 8, 1992 he stopped his vehicle in the southbound lane of Delaware Avenue in the City of Albany and was struck in the rear by a tow truck operated by defendant Todd Silvernail (hereinafter defendant) and *825owned by defendant Jefferson Motors, Inc. Alleging that he sustained a "serious injury”, plaintiff commenced this negligence action to recover his noneconomic loss. Three years after issue was joined, plaintiff…
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