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NUNEZ v. MOTOR VEH. ACC. INDEM. CORP.

2011-04885.

96 A.D.3d 917 (2012)

947 N.Y.S.2d 150

2012 NY Slip Op 4981

ANA NUNEZ, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

June 20, 2012.

Ordered that the judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law is granted, and the complaint is dismissed.

The plaintiff commenced this action alleging that she was struck by an unidentified motor vehicle while crossing an intersection and, as a result, sustained serious injuries as defined by Insurance Law § 5102 (d) under the categories of...

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