LEMUS v. FIRESCU

2007-967 Q C.

2008 NY Slip Op 51679 (U)

MARIA LEMUS AND JULIO LEMUS, Respondents-Appellants, v. DRAGOS A. FIRESCU, Appellant-Respondent. DRAGOS A. FIRESCU, Third-Party Plaintiff, THE CITY OF NEW YORK and NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Third-Party Defendants.

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

Decided July 23, 2008.


Defendant moved for summary judgment dismissing the complaint on the ground that the injured plaintiff, Maria Lemus, did not satisfy the threshold requirement of suffering a serious injury under Insurance Law § 5102 (d). The court granted defendant's motion with regard to the permanent loss of use, permanent consequential limitation of use and significant limitation of use categories of serious injury. Defendant appeals from so much of the order as denied his motion...

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