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RODRIGUEZ v. MARTINEZ

306 A.D.2d 395 (2003)

760 N.Y.S.2d 885

CARLOS RODRIGUEZ et al., Respondents, et al., Plaintiffs, v. NOEL MARTINEZ et al., Appellants.

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

Decided June 16, 2003.

Ordered that the order is reversed insofar as appealed from, with costs, that branch of the motion which was to dismiss the complaint insofar as asserted by the plaintiffs Carlos Rodriguez and Ana Rodriguez on the ground that neither of them sustained a serious injury within the meaning of Insurance Law § 5102 (d) is granted, and the complaint is dismissed insofar as asserted by the plaintiffs Carlos Rodriguez and Ana Rodriguez...

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