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Earl v. Chapple 37 A.D.3d 520 (2d Dept 2007)

Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was granted. The Appellate Division affirmed.
Plaintiff’s chiropractor’s findings were not based on a recent examination, and plaintiff’s neurologist failed to offer contemporaneous findings.

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