Santos v. Marcellino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Plaintiffs commenced this action seeking damages for personal injuries allegedly sustained by plaintiff Jacqueline *441Santos (hereinafter plaintiff) in a 1997 motor vehicle accident. Following joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury as defined by Insurance Law § 5102 (d). Supreme Court denied defendants’ motion, finding that the medical affidavits submitted by plaintiffs were sufficient to raise a question of fact regarding the extent of plaintiffs injuries. Defendants…
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