George v. Thomas

MEMORANDUM OPINION

KAPLAN, District Judge.

New York’s so-called “no fault” law, broadly speaking, precludes recovery for noneconomic loss arising out of negligence in the use or operation of a motor vehicle in this State except in case of serious injury. N.Y.Insurance L. § 5104(a) (McKinney 1985). The issue in this case, which is tendered by defendants’ motion for summary judgment dismissing the complaint, is whether plaintiffs have raised a genuine issue of material fact as to the existence of serious injury within the meaning of the statute, caused by an accident.

Plaintiffs were injured in an…