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ELSTON v. CANTY

15 A.D.3d 990 (2005)

788 N.Y.S.2d 907

JOSEPH ELSTON, SR., as Parent and Natural Guardian of JOSEPH ELSTON, JR., an Infant, Respondent, v. JULIOUS CANTY, Appellant.

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

February 4, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this negligence action seeking damages for an injury sustained by his son in a motor vehicle accident, and defendant moved for summary judgment dismissing the complaint on the ground that plaintiff's son did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court granted that...

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