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BUONAIUTO v. SHULBERG

254 A.D.2d 384 (1998)

679 N.Y.S.2d 89

Carolina Buonaiuto, Respondent, v. Richard S. Shulberg et al., Defendants and Issam El-Achkar, Appellant. (And a Third-Party Action.)

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

October 19, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant submitted a copy of the medical report of the plaintiff's treating physician which established that the plaintiff has not suffered a serious injury within the meaning...

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