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TROUTOVSKI v. SITNIR

180 Misc.2d 124 (1999)

687 N.Y.S.2d 534

Vadim Troutovski, Plaintiff, v. Mikhail Sitnir, Defendant.

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

January 27, 1999

Attorney(s) appearing for the Case

Mark Longo, Brooklyn (Michelle Incandela of counsel), for defendant. Elyse K. Bohm, Brooklyn, for plaintiff.

ROLANDO T. ACOSTA, J.

Defendant Sitnir moves for an order granting him summary judgment, upon the ground that the plaintiff did not sustain a "serious injury", as defined in Insurance Law § 5102 (d). Although such motions are usually somewhat routine, this particular motion requires the court to decide a novel question: whether a plaintiff, in opposing the motion for summary judgment, may properly rely...

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