PRINCE v. LOVELACE

11872, 304424/11, 84052/11

115 A.D.3d 424 (2014)

981 N.Y.S.2d 410

2014 NY Slip Op 1422

LINLY PRINCE, Appellant, v. OTHIAMBA N. LOVELACE, Respondent. (And a Third-Party Action.).

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

Decided March 4, 2014.


Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered February 7, 2013, which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.

Defendant failed to establish prima facie that plaintiff did not suffer a serious injury to his right knee as a result of...

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