CAINES v. DIAKITE

9295, 310689/08.

105 A.D.3d 404 (2013)

963 N.Y.S.2d 17

2013 NY Slip Op 2168

SAMUEL CAINES, Respondent, v. SANDOUCHI DIAKITE, Appellant.

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

Decided April 2, 2013.


Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered November 14, 2011, which denied defendant's motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant established prima facie his entitlement to judgment by showing that the injuries the 60-year-old plaintiff allegedly sustained to his cervical and lumbar spine and left...

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