Hezekiah v. Williams

OPINION OF THE COURT

Pino, P. J.

In this automobile negligence action, there is presented an issue of first impression, that is, whether in the court below plaintiff has met the revised no-fault verbal threshold *408of “serious injury” as defined in subdivision 4 of section 671 of the Insurance Law (L 1977, ch 892) and as a prerequisite to sue for noneconomic loss or “pain and suffering.”

While we commend the efforts of the trial court to ascertain the legislative intent, we disagree with its conclusions.

At the trial, the defendant conceded liability for the accident. Plaintiff testified that she…