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DIORIO v. BUTLER

2008-11567

69 A.D.3d 787 (2010)

892 N.Y.S.2d 529

SIMONA DIORIO, Appellant, v. PANTIN M. BUTLER et al., Respondents. (And a Third-Party Action.)

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

Decided January 19, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied, and the matter is remitted to the Supreme Court, Nassau County, for a determination of that branch of the defendants' motion which was for summary judgment dismissing the...

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