Relin v. Brotherton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Yesawich Jr., J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered November 18, 1994 in Tompkins County, which granted defendant’s motion for summary judgment dismissing the complaint.
On May 30, 1990, plaintiff suffered an extension flexion strain of the cervical spine when her vehicle was struck by one operated by defendant. This personal injury action ensued. After issue was joined, defendant moved for summary judgment, upon a prima facie showing that plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d). Supreme Court granted the motion,…
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