On January 2, 2000, plaintiff was a passenger in defendant Maureen Johnson's car when it was hit by defendant Pookie Hacking Corp.'s car, which was driven by defendant Boubacar Diallo. Defendants moved for summary judgment and the dismissal of the complaint on the ground that plaintiff did not suffer a serious physical injury within the meaning of Insurance Law § 5102 (d). The court improperly granted defendants' motion and cross motion as defendants failed to submit...
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