Kithcart v. Mason
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from a judgment of the Supreme Court (Zwack, J.), entered March 6, 2007 in Ulster County, upon a verdict rendered in favor of plaintiffs.
Plaintiff Eleanor Kithcart (hereinafter plaintiff) was driving *1163her car when it was struck by a vehicle driven by decedent, Robert I. Mason. To recover for injuries that she sustained in the accident, plaintiff and her husband, derivatively, commenced this personal injury action. Defendant conceded decedent’s responsibility, leading to a trial solely on the issues of whether plaintiff suffered a serious injury under Insurance Law § 5102 (d), causation…
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