Dongelewic v. Marcus
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Canfield, J.), entered February 4, 2003 in Rensselaer County, which granted defendants’ motion for summary judgment dismissing the complaint.
Plaintiff commenced this personal injury action after her car was rear-ended by defendants’ vehicle. Defendants moved for summary judgment, claiming that plaintiff did not suffer a serious injury under Insurance Law § 5102 (d). Supreme Court granted the motion and dismissed the complaint. Plaintiff appeals.
On this type of motion, if defendants submit admissible evidence demonstrating that plaintiff did not…
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