Weaver v. Ware

This action was brought by plaintiffs to recover damages for personal injuries incurred by them when the car in which they were riding was struck in the rear by a vehicle owned by the defendant Ware and operated by *711the defendant Lizardi. Defendants move pursuant to CPLR 3211 to dismiss the complaint upon the ground that neither of the plaintiffs sustained a serious injury as defined in section 671 (subd 4, pars [a], [b]) of the Insurance Law of the State of New York and, therefore, they have no cause of action against the defendants.

The plaintiffs seek money damages for noneconomic loss and…