Dooley v. Davey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Cross appeals from an order of the Supreme Court (Sheridan, J.), entered November 30, 2004 in Albany County, which, inter alia, partially denied defendants’ motion for summary judgment dismissing the complaint.
In July 2001, plaintiff was allegedly injured when the vehicle he was driving was struck from the rear by a vehicle operated by Nicole Davey and owned by defendants. Plaintiff commenced the present action against defendants alleging serious injuries within the meaning of Insurance Law § 5102 (d). Following discovery, defendants moved for summary judgment dismissing the complaint,…
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