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KLICHE v. ALL ISLAND TRUCK AND LEASING

2011-03960.

92 A.D.3d 726 (2012)

938 N.Y.S.2d 467

2012 NY Slip Op 1214

STEVEN KLICHE, Appellant, v. ALL ISLAND TRUCK AND LEASING, Defendant, and DJS TRANSPORT, Inc., et al., Respondents.

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

Decided February 14, 2012.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants DJS Transport, Inc., and David J. Watson for summary judgment dismissing the complaint insofar as asserted against them is denied.

The defendants DJS Transport, Inc., and David J. Watson (hereinafter together the defendants) met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result...

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