Murray v. Hartford
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages under the underinsured motorist provision of an insurance policy, the defendants appeal from an order of the Supreme Court, Richmond County (Giacobbe, J.), dated February 22, 2005, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The excerpts from the plaintiffs deposition testimony, as well as the affirmed medical…
2Cases cited20 opinions
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