Cody v. Parker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mikoll, J. P.
Appeal from an order *867of the Supreme Court (Dier, J.), entered September 25, 1998 in Washington County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiff Jack D. Cody (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging that plaintiff sustained serious injuries in a November 1994 automobile accident when his vehicle, stopped at a traffic light, was struck in the rear by defendant’s vehicle. At the time of this accident, plaintiff was under the care of a neurologist, Fred Scialabba, for back and neck injuries…
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