Chunn v. Carman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Malone, Jr., J.), entered October 20, 2003 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff (hereinafter the father) and his son were allegedly injured in a February 6, 2002 car accident. At issue on appeal is an order of Supreme Court granting defendant summary judgment on the ground that neither suffered a serious injury within the meaning of Insurance Law § 5102 (d). With respect to the son, we find that summary judgment was properly granted. We reach a contrary conclusion, however,…
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