Plaintiff alleges he sustained serious injuries to his lumbar spine as the result of an accident in which his vehicle struck the bucket of a parked excavator/backhoe that was protruding into the roadway. The excavator was leased to defendant Qualcon, who was performing work for defendant Consolidated Edison.
Initially, we agree with defendants that the serious injury threshold applies because the action is between "covered persons" (Insurance Law §§ 5104...
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