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DeJESUS v. PAULINO

61 A.D.3d 605 (2009)

878 N.Y.S.2d 29

JOSE DeJESUS et al., Respondents, v. SOLANNY PAULINO et al., Respondents, and SERGIO P. NUNEZ et al., Appellants.

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

Decided April 30, 2009.

This action for personal injuries arose out of a motor vehicle accident that occurred on April 8, 2004 on Sedgewick Avenue near its intersection with Hall of Fame Road in the Bronx. Plaintiffs allege they each sustained injuries to the cervical and lumbar spine, and plaintiff DeJesus also alleges an injury to his knee.

Nunez and Brickyard moved for summary judgment dismissing the complaint on the grounds that neither plaintiff sustained a "serious injury" as defined...

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