WONG v. CRUZ

2014-06141, Index No. 9478/11.

140 A.D.3d 860 (2016)

32 N.Y.S.3d 641

2016 NY Slip Op 04407

KENNETH WONG, Respondent, v. SAUL CRUZ, JR., et al., Appellants.

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

Decided June 8, 2016.


Ordered that the judgment is reversed, on the law, with costs, the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of serious injury is granted, and the complaint is dismissed.

While riding his bicycle, the plaintiff was struck and injured by a truck owned by the defendant Saul Cruz and operated by the defendant Saul Cruz, Jr. The plaintiff commenced this action to recover damages for personal injuries resulting from the accident...

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