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FRANKLIN v. GAREYUA

No. 71 SSM 3

29 N.Y.3d 925 (2017)

71 N.E.3d 1218

49 N.Y.S.3d 651

2017 NY Slip Op 02091

KYREESE L. FRANKLIN, Appellant, v. CARMEN ROSA GAREYUA et al., Respondents.

Court of Appeals of New York.

Decided March 23, 2017.

Attorney(s) appearing for the Case

McMahon & McCarthy, Bronx ( Matthew J. McMahon , of counsel), for appellant.

Mauro Lilling Naparty LLP, Woodbury ( Matthew W. Naparty and Seth M. Weinberg of counsel), for respondents.

Concur: Chief Judge DIFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY, GARCIA and WILSON.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle...

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