Franchini v. Palmieri, 307 A.D.2d 1056, 763 N.Y.S.2d 381, 2003 N.Y. Slip Op. 16307, N.Y.A.D. 3 Dept., Aug 07, 2003
Motorist brought negligence action to recover for injuries allegedly sustained in a motor vehicle accident. The Supreme Court, Schenectady County, Reilly, J., granted defendant's motion for summary judgment. Motorist appealed. The Supreme Court, Appellate Division, Rose, J., held that motorist failed to establish that she had a serious injury resulting from her automobile accident and affirmed Supreme Court's decision.
The Court of Appeals upheld this decision. See Franchini v. Palmieri, 1 N.Y.3d 536, --- N.E.2d ----, 2003 WL 22770115, 2003 N.Y. Slip Op. 18878 (N.Y. Nov 25, 2003) (NO. 3/, 170SSM21)