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CARR v. KMO TRANSPORTATION, INC.

58 A.D.3d 783 (2009)

872 N.Y.S.2d 476

VELETA CARR, Appellant, and LLOYD TREVOR CARR, Appellant and Counterclaim Defendant-Respondent, v. KMO TRANSPORTATION, INC., Defendant and Counterclaim Plaintiff-Respondent, and JEAN O. ANTOINE, Respondent.

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

January 27, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs to the plaintiffs payable by the respondents, and the separate motions of the defendants KMO Transportation, Inc., and Jean O. Antoine, and that branch of the motion of the counterclaim defendant, Lloyd Trevor Carr, which were for summary judgment dismissing the complaint on the ground that the plaintiff Veleta Carr did not sustain a serious injury...

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