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PERILLA v. AKANDA

14 Misc.3d 555 (2006)

828 N.Y.S.2d 751

JAVIER PERILLA, Plaintiff, v. BAZLUR AKANDA, Defendant.

Supreme Court, Bronx County.

August 14, 2006.

Attorney(s) appearing for the Case

Baker, McEvoy, Morrissey & Moskovits, P.C., New York City (Colin Morrissey of counsel), for defendant.

David Gendelman, New York City, for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

Plaintiff sues to recover for injuries he sustained September 2, 2003, when a vehicle defendant owned and was operating struck plaintiff, who was riding a bicycle. Defendant moves for summary judgment dismissing the complaint (CPLR 3212 [b]) on the ground that plaintiff has not sustained a "serious injury" entitling him to recover...

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