TSAMOS v. DIAZ

4324, 20110/07.

81 A.D.3d 546 (2011)

917 N.Y.S.2d 180

DIMITRIOS TSAMOS, Respondent, v. ALBATANI DIAZ et al., Appellants.

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

Decided February 22, 2011.


On July 15, 2005, plaintiff was operating a company vehicle in the vicinity of Broadway and 122nd Street. While stopped at a red light, the vehicle operated by plaintiff was struck from behind by a vehicle operated by defendant, Albatani Diaz, and owned by defendant, Cepin Livery Corp.

Supreme Court correctly denied the motion for summary judgment with regard to the statute's categories of "permanent consequential limitation of use of a body organ or member" and ...

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