Autiello v. Cummins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Supreme Court (Hall Jr., J.), entered July 15, 2008 in Washington County, which granted plaintiffs motion for partial summary judgment.
In this personal injury action arising out of a motor vehicle collision in September 2003, plaintiff sought partial summary judgment on the issues of defendant’s liability and plaintiff having sustained a serious injury pursuant to Insurance Law § 5102 (d). Defendant, while not contesting the issue of liability for the accident, opposed the motion as to serious injury, contending that plaintiff failed to establish that her injury…
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