BARBATO v. CERAMI

101016/06 Motion Nos. 690-002, 702-003

2008 NY Slip Op 32731(U)

CATHERINE R. BARBATO and VINCENT BARBATO, Plaintiffs, v. RHONDA B. CERAMI and GUS F. MUNIZ Defendants.

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

September 25, 2008


Decision and Order

Judge: PHILIP G. MINARDO

Upon the foregoing papers, defendants' motions for summary judgment dismissing the complaint based on the failure of plaintiff Catherine R. Barbato to sustain a "serious injury" pursuant to Insurance Law §5102(d) are granted, and the complaint is dismissed.

This is a personal injury action arising out of a pedestrian "knockdown" that occurred on May 17, 2005, at or near the intersection of Light Oak...

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