ALEXANDER v. GORDON

2011-03927.

95 A.D.3d 1245 (2012)

945 N.Y.S.2d 397

2012 NY Slip Op 4115

JEANNIE ALEXANDER et al., Appellants, v. SHAWN R. GORDON et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 30, 2012.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff Jeannie Alexander did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and substituting therefor a provision denying the motion, (2) by deleting the provision thereof denying, as untimely and academic, that

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