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VIDAL v. MALDONADO

23 Misc.3d 186 (2008)

873 N.Y.S.2d 842

VICTOR VIDAL, Plaintiff, v. RICARDO MALDONADO et al., Defendants.

Supreme Court, Bronx County.

Decided December 8, 2008.

Attorney(s) appearing for the Case

Law Office of Thomas K. Moore, White Plains (Nick Migliaccio of counsel), for defendants.

Pena & Kahn, Bronx (John M. Martello of counsel), for plaintiff.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Relief Sought

Defendants Ricardo Maldonado and Zobeida Franco move for summary judgment pursuant to CPLR 3212 and dismissal of the complaint against them, for the failure of the plaintiff Victor Vidal to prove that he has sustained a "serious injury," as that term is defined in section 5102 of the Insurance Law.

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