Calafiore v. Kiley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Kane, J.
Appeal from an amended order of the Supreme Court (Lomanto, J.), entered December 17, 2001 in Schenectady County, which granted plaintiffs’ motion for a directed verdict.
Plaintiff Rita P. Calafiore (hereinafter plaintiff) and her husband, derivatively, commenced this personal injury action seeking damages for injuries resulting from a May 29, 1997 accident wherein her vehicle was struck from behind by a vehicle operated by defendant Timothy Kiley. Minor damage was sustained by the vehicles. The key issue presented at trial was whether plaintiff sustained a serious injury within the…
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