BROWN v. GARCIA


2 Misc.3d 915 (2004)

771 N.Y.S.2d 837

SANDRA BROWN, Individually and as Mother and Natural Guardian of JOHN D. NOGUERA, an Infant, Plaintiff, v. JOSE L. GARCIA et al., Defendants.

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

January 16, 2004.


Attorney(s) appearing for the Case

McCabe, Collins, McGeough & Fowler, LLP, Mineola (Brian J. McGeough of counsel), for Jose L. Garcia and another, defendants.

Agen & Stenz, Westbury (Stuart Kurland of counsel), for Dennie K. Sargeant, defendant.

Robert Weiss, New York City, for plaintiff.


OPINION OF THE COURT

KEVIN J. KERRIGAN, J.

Pursuant to the direction in the order of this court issued on November 5, 2003, and after conferences with counsel for all parties on November 17, 2003 and December 23, 2003, the following order is issued resolving the questions of whether infant plaintiff John David Noguera sustained a serious injury under section 5102 (d) of the Insurance Law, and whether his...

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