Licygiewicz v. Stearns
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered February 1, 2008 in Essex County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiffs left thumb was dislocated in a motor vehicle accident and required surgical reduction. Alleging that this was a serious injury within the meaning of Insurance Law § 5102 (d), she commenced this personal injury action. Supreme Court granted defendant’s motion for summary judgment dismissing the complaint, and plaintiff now appeals.
In support of his motion, defendant proffered plaintiffs deposition testimony…
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