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LANZARONE v. GOLDMAN

2009-08676.

80 A.D.3d 667 (2011)

915 N.Y.S.2d 144

MICHAEL LANZARONE, Plaintiff, and GENEVIEVE LANZARONE et al., Respondents, v. SAMANTHA GOLDMAN, Appellant, et al., Defendant.

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

Decided January 18, 2011.

Ordered that the judgment is reversed, on the law, with costs, the motion of the plaintiffs Genevieve Lanzarone and Emily Schiralli pursuant to CPLR 4401 for judgment as a matter of law as to liability on the issue of whether either of those plaintiffs had sustained a serious injury within the 90/180-day category of serious injury under Insurance Law § 5102 (d) is denied, and the complaint is dismissed.

On August 15...

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