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PETITO v. COMMAND BUS CO., INC.

21826/04.

2008 NY Slip Op 51507 (U)

STEPHANIE PETITO, Plaintiff, v. COMMAND BUS CO., INC., and WILLIE S. JOHNSON, Defendants.

Supreme Court of the State of New York, Kings County.

Decided July 21, 2008.

Attorney(s) appearing for the Case

The plaintiff is represented by Pazer & Epstein, P.C., by Matthew J. Fein, Esq., of counsel.

The defendants Command Bus Company, Inc., and Willie Johnson are represented by the law firm of Edward Garfinkel, by Barry N. Greenberg, Esq., of counsel.

The defendant the City of New York is represented by Michael A. Cordozo, Corporation Counsel of the City of New York, by Don H. Nyuyen, Esq., of counsel.

ROBERT J. MILLER, J.

In this action to recover damages for personal injuries, the defendants the Command Bus Co., Inc. and Willie S. Johnson (collectively "Command"), move pursuant to CPLR §3212 for summary judgment granting dismissal of the plaintiff, Stephanie Petito's ("Petito") claim on the grounds she has not sustained a serious injury as defined by New York State Insurance Law §5102(d). The defendants have interposed a third-party action against the...

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