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LAGANA v. SHAMSIAN

270 A.D.2d 313 (2000)

704 N.Y.S.2d 287

VINCENT LAGANA, Respondent, v. SAEID SHAMSIAN, Defendant, and CLINTON BARROW et al., Appellants. (And a Third-Party Action.)

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

Decided March 13, 2000.

Ordered that the notice of appeal from an order of the same court dated January 27, 1999, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the law, and the complaint is dismissed; and it is further,

Ordered that the appellants are awarded one bill of costs.

The plaintiff's evidence was legally insufficient to demonstrate that he sustained a serious injury...

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