Cirillo v. Swan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.E
Appeal from an order of the Supreme Court (Work, J.), entered April 22, 2011 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint.
The parties were involved in an automobile accident, following which plaintiff commenced this action to recover for injuries she purportedly sustained therein. After joinder of issue, defendant moved for summary judgment on the ground that plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d). Supreme Court agreed and granted defendant’s motion, prompting this appeal.
We now…
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