Does the Court of Appeal have any authority to determine whether a plaintiff has been injured in a motor vehicle accident?
"New York", United States of America
The following excerpt is from Johannesen v. New York City Dept. of Housing Preservation and Development, 615 N.Y.S.2d 336, 638 N.E.2d 981, 84 N.Y.2d 129 (N.Y. 1994):
[638 N.E.2d 984] Matter of Mack v. County of Rockland, 71 N.Y.2d 1008, 530 N.Y.S.2d 98, 525 N.E.2d 744, supra does not aid or support appellant's cause. That case is an "occupational disease" case and this one is an "accidental injury" case. A different analysis applies here.
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