BARRY v. VALERIO

2009-07655

72 A.D.3d 996 (2010)

902 N.Y.S.2d 97

OUSMANE BARRY, Respondent, v. FRANCIS A. VALERIO, Defendant, and ARACENA'S TRANSPORT, INC., et al., Appellants.

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

Decided April 27, 2010.


Ordered that the order is affirmed, with costs.

This action arises from a three-car accident which occurred on the morning of January 1, 2005, on Pennsylvania Avenue in Brooklyn. After joinder of issue, the appellants moved for summary judgment dismissing the complaint insofar as asserted against them on the grounds that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and that they were not at fault in the happening...

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