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LaMARRE v. MICHELLE TAXI, INC.

60 A.D.3d 911 (2009)

875 N.Y.S.2d 268

JAMES LaMARRE, Respondent-Appellant, v. MICHELLE TAXI, INC., et al., Appellants-Respondents.

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

Decided March 24, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the defendants' motion which was for summary judgment dismissing so much of the complaint as alleged that the plaintiff sustained a serious injury under the medically-determined injury or impairment of a nonpermanent nature category of Insurance Law § 5102 (d) as a result of the subject accident...

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