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ELIE v. CITY OF NEW YORK

3584/10

33 Misc.3d 958 (2011)

935 N.Y.S.2d 252

2011 NY Slip Op 21368

PIERRE F. ELIE, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Queens County.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Law Office of Stephen H. Frankel , Mineola ( Nicholas E. Tzaneteas of counsel), for plaintiff. Michael A. Cardozo , Corporation Counsel, Jamaica ( Magdalena Perlman of counsel), for defendants.

OPINION OF THE COURT

KEVIN J. KERRIGAN, J.

It is ordered that the motion is decided as follows:

That branch of the motion by plaintiff for partial summary judgment on the issue of serious injury in that plaintiff suffered a fracture which is a category of serious injury under section 5102 (d) of the Insurance Law is granted. That branch of the motion for "the reservation of rights to introduce several different theories regarding serious injury at...

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