TORRES v. ATRIUM BUS CO., INC.

2007-972 RIC.

2008 NY Slip Op 51556 (U)

ALEXANDRA TORRES, an infant under the age of 14 years, by her mother and natural guardian, PATRICIA RAY-TORRES, and PATRICIA RAY-TORRES, Individually, Appellants, v. ATRIUM BUS CO., INC., A/K/A PIONEER TRANSPORTATION CORP., DANIEL S. YACCARINO, EDWARD ROVI and LEIGH R. ROVI, Respondents.

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

Decided July 10, 2008.


Defendants Atrium Bus Co., Inc., a/k/a Pioneer Transportation Corp. and Daniel S. Yaccarino (Atrium and Yaccarino) moved for summary judgment on the ground that the infant plaintiff, Alexandra Torres, did not sustain a serious injury pursuant to Insurance Law § 5102 (d) as a result of the subject accident (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v. Eyler, 79 N.Y.2d 955

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