DORSAINVIL v. PARKER


14 Misc.3d 397 (2006)

829 N.Y.S.2d 851

CAROLE DORSAINVIL et al., Plaintiffs, v. CARMEN PARKER et al., Defendants.

Supreme Court, Kings County.

November 21, 2006.


Attorney(s) appearing for the Case

Harmon, Linder & Rugowsky, New York City, for plaintiffs.

James P. Nunemaker, Jr. & Associates, Uniondale, for Carmen Parker and another, defendants.

Hawkins, Feretic & Daly, LLC, New York City, for Carole Dorsainvil, counterclaim-defendant.


OPINION OF THE COURT

FRANCOIS A. RIVERA, J.

Carole Dorsainvil, as defendant on a counterclaim, moves pursuant to CPLR 3212 and Insurance Law § 5102 (d) for an order granting summary judgment dismissing her daughter's complaint on the grounds that she has not suffered a serious injury and is therefore not entitled to recovery for non-economic losses. Defendants cross-move for the same relief. Plaintiffs oppose the motion.

This is an action brought...

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