KILAKOS v. MASCERA

2007-03753.

2008 NY Slip Op 06192

THEODORE KILAKOS, respondent, v. CHRISTOPHER MASCERA, appellant.

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

Decided July 8, 2008.


Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Melissa M. Murphy of counsel), for appellant.

Lawrence Perry Biondi, Garden City, N.Y. (Lisa M. Comeau of counsel), for respondent.

Before: REINALDO E. RIVERA, J.P., DAVID S. RITTER, HOWARD MILLER, MARK C. DILLON, JJ.


DECISION & ORDER

ORDERED that the judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law is granted, and the complaint is dismissed.

The plaintiff commenced this action to recover damages allegedly arising from a motor vehicle accident which occured in August 2003. The defendant conceded liability and the matter proceeded to trial on the issue of whether the plaintiff sustained a "serious...

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