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PEREZ v. FUGON

52 A.D.3d 668 (2008)

861 N.Y.S.2d 86

ANGEL A. PEREZ et al., Appellants, v. DAMARIS FUGON et al., Respondents.

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

Decided June 17, 2008.

Ordered that the appeal from the order dated February 28, 2007, granting the motion of the defendant Mary R. Gardner for summary judgment dismissing the complaint insofar as asserted against her on the ground that the plaintiff Mariana Perez did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), is dismissed, as that order was superseded by the order dated November 2, 2007, made upon reargument; and it is further,

Ordered that the appeal...

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