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GARCIA v. ARC XVI OF FORT WASH.

103605/03.

2008 NY Slip Op 51620 (U)

JUANA GARCIA, Plaintiff, v. ARC XVI OF FORT WASHINGTON, NELSON PEREZ and ANDREA SANTILLANA, Defendants.

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

Decided July 14, 2008.

Attorney(s) appearing for the Case

For the plaintiff: Harmon, Linder & Rogowsky, NY, NY.

For defendants Arc XVI of Fort Washington and Nelson Perez: Harms, Mahon, Finneran, NY NY 10004.

For defendant Andrea Santillana: Robert Tusa, NY, NY.

DEBORAH A. KAPLAN, J.

Defendants ARC XVI of Fort Washington (ARC) and Nelson Perez (Perez) move, pursuant to CPLR 3212, for an order dismissing the complaint on the ground that plaintiff failed to meet the "serious injury" threshold requirement of section 5102 (d) of the Insurance Law.

Defendant Andrea Santillana (Santillana) cross-moves, pursuant to CPLR 3212, for an order dismissing the complaint, and adopts the arguments and proof submitted by the co-defendants...

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