McKendry v. Thornberry

OPINION OF THE COURT

Henry F. Zwack, J.

*708In this motor vehicle accident case, defendant moves for summary judgment. Plaintiff opposes the motion.

On December 9, 2002, the parties collided in their respective vehicles on 8th Street and Jacob Street in the City of Troy.

Defendant now moves for summary judgment on the basis that plaintiff failed to sustain a serious injury as defined by Insurance Law § 5102 (d). Plaintiffs bill of particulars lists “loss of the unborn child of the plaintiff’ as the basis for plaintiffs alleged serious injury. Defendant relies upon plaintiffs testimony at her…