Howard v. Espinosa
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeals (1) from an order of the Supreme Court (Krogmann, J.), entered August 8, 2008 in Warren County, which granted defendants’ motion for summary judgment dismissing the complaint, and (2) from an order of said court, entered December 31, 2008, which, upon reargument, adhered to its prior order.
After the automobile he was driving was struck from behind by another vehicle on May 23, 2005, plaintiff John V Howard (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging serious injuries as defined in Insurance Law § 5102 (d). Defendants successfully moved for summary…
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