JOHNSTON v. PELUSO

2012-08457.

105 A.D.3d 1008 (2013)

963 N.Y.S.2d 388

2013 NY Slip Op 2718

DORIS JOHNSTON et al., Respondents, v. DOMINIC PELUSO, Appellant.

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

Decided April 24, 2013.


In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated July 19, 2012, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff Doris Johnston did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident. Prior Case History: 2012 NY Slip Op 31979(U).

Ordered that the...

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