Moffitt v. Murray

Appeals (1) from an order of the Supreme Court (Moynihan, Jr., J.), entered December 4, 2002 in Warren County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) from an order of said court, entered March 27, 2003 in Warren County, which, upon reargument, partially adhered to its prior decision.

Plaintiff Susan E. Moffitt (hereinafter plaintiff) and defendant were involved in a motor vehicle accident. The next day, plaintiff complained to her physician of pain in her back, neck and arms. She also visited her dentist, who took X rays which disclosed two…