CARACCIOLO v. ELMONT FIRE DISTRICT

21049/09, Motion Sequence No. 001.

2011 NY Slip Op 31756(U)

NINA CARACCIOLO and VINCENZO CARACCIOLO, Plaintiffs, v. ELMONT FIRE DISTRICT, THE ELMONT VOLUNTEER FIRE DEPARTMENT and JAMES R. PRINCE, Defendants.

Supreme Court, Nassau County.

June 20, 2011.


ANTONIO I. BRANDVEEN, Judge:

The defendants move for summary judgment pursuant to CPLR 3212, and to dismiss the verified complaint for the plaintiffs' failure to comply with Insurance Law § 5102 (d) and 5104. The defense contends the plaintiff Nina Caracciolo failed to sustain a serious injury, and cannot maintain a cause of action for personal injuries arising from an October 13, 2008 motor vehicle accident.

The plaintiffs oppose this motion. The plaintiffs...

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