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JOHN v. BASTIEN

178 Misc.2d 664 (1998)

681 N.Y.S.2d 456

Victor John, Plaintiff, v. Yves Bastien, Defendant.

Civil Court of the City of New York, Kings County.

September 21, 1998

Attorney(s) appearing for the Case

Zachary & Zachary, P. C., Staten Island (John M. Maslowski of counsel), for defendant. Morton Buckvar, New York City, for plaintiff.

ROLANDO T. ACOSTA, J.

Defendant moves for an order granting summary judgment in his favor upon the ground that plaintiff, a bicyclist who was allegedly hit by defendant's car, did not sustain a "serious injury" as a result of the accident, as required by Insurance Law § 5102. Because defendant's motion for summary judgment was not timely filed, the motion requires the court to consider, as a preliminary...

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