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YONG QIN LUO v. MIKEL

Docket No. 09-2538-cv.

625 F.3d 772 (2010)

YONG QIN LUO, Plaintiff-Appellant, v. Steven Eugene MIKEL Jr., St. Michael Motor Express Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 30, 2010.

Attorney(s) appearing for the Case

David S. Ratner , Morelli Ratner P.C., New York, NY, for Yong Qin Luo, Plaintiff-Appellant.

Richard E. Lerner , Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, NY, for Steven Eugene Mikel Jr. and St. Michael Motor Express, Inc., Defendants-Appellees.

Before: POOLER, LIVINGSTON, and CHIN, Circuit Judges.

PER CURIAM:

Plaintiff Yong Qin Luo appeals from the May 13, 2009 order and opinion of the United States District Court for the Eastern District of New York (Ross, J.) granting defendant's motion for summary judgment and dismissing her complaint alleging serious injury sustained during an automobile accident within the meaning of New York Insurance Law § 5102(d). The district court held that plaintiff failed to rebut defendants' prima facie case of serious...

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