The following excerpt is from Lee v. Garvey, No. 16-3198 (2nd Cir. 2017):
has concluded that "the court should decide the threshold question of whether the evidence would warrant a jury finding that the injury" qualifies as a "serious injury." Licari v. Elliott, 441 N.E.2d 1088, 1092 (N.Y. 1982).
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